| 1 | | - | Amended IN Assembly August 27, 2022 Amended IN Assembly February 15, 2022 Amended IN Assembly June 27, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 137Introduced by Committee on Budget and Fiscal Review January 08, 2021An act relating to the Budget Act of 2022. An act to amend Sections 6013.5.5, 8017, 8018, 8020, and 8024 of, to add Sections 8017.5 and 8024.8 to, and to repeal Section 8016.5 of, the Business and Professions Code, to amend Sections 100000.5, 100002, and 100013 of the Financial Code, to add and repeal Section 1357 of the Fish and Game Code, to amend Sections 7903, 11852, 11854, 11860, 11862, 11880, 11890, 11892, 11894, 12803.2, 12815, 15849.1, 16344, 65057, and 65059 of, to amend the heading of Article 2 (commencing with Section 11860) of Chapter 10 of Part 1 of Division 3 of Title 2 of, to add Sections 11856, 11865, and 11868 to, to add and repeal Section 11019.1 of, to repeal Section 13300.5 of, and to repeal, add, and repeal Section 11864 of, the Government Code, to add and repeal Sections 50834.5 and 50899.8 of the Health and Safety Code, to amend Sections 2673.1, 2675.5, 2695.1, 2695.2, 3111, 3111.1, 3112, and 3122.3 of, and to add and repeal Sections 2695.3 and 2695.4 to, the Labor Code, to amend Sections 4124.5, 4208.1, and 4799.05 of, and to add and repeal Section 75245 of, the Public Resources Code, to amend Section 95.60 of, and to add Section 17141.5 to, the Revenue and Taxation Code, to amend Sections 1095 and 14531 of the Unemployment Insurance Code, to add Chapter 16.1 (commencing with Section 18997.5) to Part 6 of Division 9 of the Welfare and Institutions Code, and to amend Section 106 of Chapter 73 of the Statutes of 2021, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.LEGISLATIVE COUNSEL'S DIGESTSB 137, as amended, Committee on Budget and Fiscal Review. Budget Act of 2022. State government.(1) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar is governed by a board of trustees, composed as prescribed, including a maximum of 6 public members who have never been licensees of the State Bar or admitted to practice before any court in the United States. Existing law subjects these public members to specified conflict-of-interest provisions, including prohibiting a public member from having, currently or within the 5 years immediately preceding their appointment, a prescribed relationship as or with an employer of a licensee of the board or a prescribed contractual relationship with a licensee of the board.This bill would exempt public members of the board of trustees from those prohibitions.(2) Existing law establishes the Court Reporters Board of California to license and regulate shorthand reporters, and defines the practice of shorthand reporting as the making by means of written symbols or abbreviations in shorthand or machine shorthand, of a verbatim record of any oral court proceeding, deposition, or proceeding before any grand jury, referee, or court commissioner, and the accurate transcription thereof. A violation of the provisions regulating shorthand reporters is a misdemeanor.Existing law prohibits the board from issuing a certificate for the practice of shorthand reporting by means of voice writing or voice recognition technology.This bill would repeal that provision and would define voice writing as a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. The bill would expand the definition of the practice of shorthand reporting to include the making, by means of written symbols or abbreviations by voice writing of a verbatim record and the accurate transcription thereof, as specified, and make conforming changes to related provisions that specify the qualifications for admission to an examination required for a certificate. The bill would require the board to treat certificate holders equally regardless of the method of qualification and prohibit public employers from differentiating among certificate holders based upon the method of qualification, as specified.Existing law establishes that a person who holds a valid certificate as a shorthand reporter shall be known as a certified shorthand reporter, and prohibits any other person, except as specified, from using that title or any words or symbols that indicate or tend to indicate that they are a certified shorthand reporter.This bill would further specify that use of the words stenographer, or reporter, or of the phrases court reporter, deposition reporter, or digital reporter, in combination with words or phrases related to the practice of shorthand reporting, indicates, or tends to indicate, certification as a shorthand reporter. The bill would require the board to indicate on each certificate issued whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both, as specified, and would prohibit a certified shorthand reporter from providing shorthand reporting services other than by using the methodology indicated on their certificate.By changing the scope of an existing crime, the bill would impose a state-mandated local program.(3) Existing law, the Debt Collection Licensing Act (DCLA), prohibits a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation. The DCLA requires the commissioner to allow any debt collector that submits an application before January 1, 2022, to operate pending the approval or denial of the application. The DCLA requires the Department of Justice to transmit fingerprint images and related information received from the Commissioner of Financial Protection and Innovation to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check and requires the Department of Justice to review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the commissioner, as prescribed.This bill would require the commissioner to allow any debt collector that submits an application before January 1, 2023, to operate pending the approval or denial of the application. The bill would also authorize the commissioner to issue a conditional license to an applicant pending the receipt and review of the fingerprint images and related information, as described above. The bill would require a conditional license to expire under certain conditions, including upon issuance of an unconditional license.Existing law, the DCLA, authorizes the commissioner to deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application and requires the commissioner to notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner is required to deem the application abandoned.This bill would revise the above-described notification to instead provide that the commissioner is authorized to deem the application abandoned.(4) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines appropriations subject to limitation of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines appropriations subject to limitation of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law generally defines the term state subventions for these purposes as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention. However, for fiscal years commencing with the 202021 fiscal year, existing law defines state subventions to additionally include money provided to a local agency pursuant to certain state programs and requires that money to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would instead require the additional money included in state subventions by the provision described above to be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of the above-described provisions relating to the definition of state subventions, and the full appropriations limit of the local agency, as prescribed. The bill would also make various technical and conforming changes.(5) Existing law, the Financial Information System for California (FISCal) Act, requires the Department of Finance, the Controller, the Department of General Services, and the Treasurer to collaboratively develop, implement, and utilize a single integrated financial management system for the state, as prescribed. The act establishes the Department of FISCal within the Government Operations Agency, as prescribed, and requires the Department of FISCal and the FISCal project office to exist concurrently during the phased implementation of the system. The act requires the Department of FISCal to incrementally assume responsibility of the system functionality as portions of the system are implemented and accepted. The act, upon full implementation of the system, requires the Department of FISCal to supersede the FISCal project office and perform all administration, maintenance, and operation of the system.This bill would revise and recast those provisions relating to the development and implementation of the system to instead relate to the development of enhancements to the system, and would remove references to the FISCal project office from the act. The bill would modify the powers and duties of the Department of FISCal by, among others, requiring on or before July 1, 2032, completion of specified roadmap activities, including working with the Department of Finance, the Controller, the Department of General Services, and the Treasurer to identify and implement additional products, interfaces, and add-ons to the system to enhance business transactions. The bill would make various changes to the system requirements, including expanding the systems state transparency component to allow the public to additionally have access, as specified, to information regarding nongovernmental cost fund expenditure data.Existing law requires the Department of Finance to report to the Legislature, on or before October 31 of each year beginning in 2020, specified information regarding the system, including an executive summary and overview of the systems status.This bill would instead require the Department of FISCal to provide these reports, as revised, on or before October 31, 2023, and annually thereafter. The bill would additionally require the Department of FISCal, commencing October 31, 2023, and biennially thereafter, to report on the status of planning for roadmap activities described above, as specified.The FISCal Act requires, throughout the development of, and until the completion of, the system, the California State Auditors Office to independently monitor the system as the California State Auditor deems appropriate, including monitoring the contract for independent project oversight and independent verification and validation services relating to the system.This bill would impose specified evaluation and reporting requirements on the Controller to facilitate the integration of the states accounting book of record, as specified. The bill would instead require the California State Auditors Office to monitor and report annually to the Legislature regarding the Controllers progress toward transitioning the states accounting book of record to the system and regarding the Department of FISCals completion of the roadmap activities described above, as specified.Existing law establishes several funds in the State Treasury relating to FISCal, including the FISCal Internal Services Fund, which pays the costs of development, implementation, and other approved costs of the system. Former law authorized the Department of Finance to authorize loans from the General Fund to pay for the cost of the FISCal system, as specified.This bill would forgive a specified General Fund loan provided to FISCal in a specified amount.(6) Existing law identifies the bills constituting each budget act from the Budget Act of 2011 through the Budget Act of 2020.This bill would identify the bills constituting the Budget Act of 2021.(7) Existing law establishes within the Government Operations Agency the Office of Digital Innovation led by the Director of the Office of Digital Innovation who is required to be appointed by, and serve at the pleasure of, the Governor. Existing law authorizes the Governor to appoint people to the office who are exempt from civil service and limits the total number of exempt positions in the office to 20. Existing law specifies that the offices mission shall be to deliver better government services to the people of California through technology and design and charges the office with fulfilling that mission by, among other things, collaborating with state entities to transform government services by measurably improving services using a deliberate, user-focused approach. Existing law creates the Digital Innovation Services Revolving Fund within the State Treasury and administered by the director, to receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. Existing law authorizes the office to collect payments from state entities for providing services to client entities and requires the Controller to transfer amounts authorized by the office to the fund, as specified.This bill would change the name of the office to the Office of Data and Innovation, the name of the director to the Director of the Office of Data and Innovation, and the name of the fund to the Data and Innovation Services Revolving Fund. The bill would provide that, effective July 1, 2023, the office shall operate as a standalone entity that reports to the Government Operations Agency, as specified. The bill would change the mission of the office to that of delivering better government services to the people of California through technology and service innovation, data, and design and would revise the methods by which the office is required to fulfill that mission to include, among other things, using data-informed practices to measurably improve services. The bill would make the appointment of the director subject to confirmation by the Senate and would increase the number of exempt positions in the office to 22. The bill would also establish a Chief Data Officer in the office who would report to the director and be responsible for data practices within the state with an overarching goal to improve government data use. The bill would remove the authority of the office to collect payments from state entities for providing services to client entities and make other conforming changes.(8) The State Building Construction Act of 1955 authorizes the State Public Works Board, among other things, to construct public buildings, contract with other state agencies for the use of real property upon which to construct a public building, fix, alter, charge, and collect rentals and other charges for the use of public buildings or for the services rendered by the board, and issue certificates or revenue bonds to obtain funds to pay the cost of public buildings. The act requires all money received by the board to be deposited to the credit of the Public Buildings Construction Fund and requires subfunds, accounts, and subaccounts to be maintained within the fund for the operation of the board and the performance of its obligations as provided in the applicable resolution, indenture, or other agreement. Existing law also creates within the Public Buildings Construction Fund an Expense Account for the deposit of amounts received by the board from various sources and continuously appropriates from the Expense Account to the board the amount necessary to pay for administrative expenses and costs associated with implementation of the act.Existing law continuously appropriates any amount not to exceed the amount of unsold bonds that the board has, by resolution, authorized to be sold for carrying out this act from the General Fund to the Director of Finance, who is authorized to direct that any portion of that amount be deposited into a special account in the Public Buildings Construction Fund, to be used for financing the construction of public buildings, as prescribed. Existing law requires any amounts made available from the General Fund under this provision to the board to be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings. Existing law also requires these amounts to be repaid to the General Fund with interest at the rate that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Found.This bill would also authorize the board, in the above circumstances, to repay amounts to the General Fund from any other lawfully available source of funds.(9) Existing law establishes, until January 1, 2026, the California Initiative to Advance Precision Medicine in the Office of Planning and Research and requires the office to, among other things, develop, implement, and evaluate demonstration projects on precision medicine, as described, in collaboration with public, nonprofit, and private entities. Existing law authorizes the office to receive nonstate funds in furtherance of the initiative, as described, and requires the office to return unexpended nonstate funds to the source before January 1, 2026. Existing law authorizes up to 10% of any amount appropriated to the office for precision medicine to be used for administrative costs.This bill would also require the office to develop, implement, and evaluate nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. The bill would apply the 10% administrative costs limitation described above only to demonstration projects.This bill would instead require unexpended nonstate funds to be returned to the source before June 30, 2029, and the bill would extend the sunset provision to June 30, 2029.(10) Existing law establishes labor provisions specifically applicable to sheepherders, including authorizing an employer of a sheepherder to pay a specified monthly minimum wage as an alternative to paying the minimum wage for all hours worked to sheepherders employed on a regularly scheduled 24-hour shift on a 7-day-a-week on-call basis. Existing law provides that an employer, or any other person acting on behalf of the employer, who violates or causes to be violated those provisions is subject to a civil penalty of $50 for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages for an initial violation and $100 for any subsequent violation. Existing federal law governing immigration authorizes the importation of an alien as a nonimmigrant agricultural worker, known as an H-2A worker, if specified requirements are met, including that the employer furnishes housing, as specified.This bill would, among other things, prohibit an employer from crediting meals or lodging against the minimum wage owed to sheepherders pursuant to the provision described above and would require every employer to provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program. The bill would also increase the civil penalties described above to $100 and $250, respectively.This bill would, until January 1, 2024, apply the labor provisions specifically applicable to sheepherders described above to goat herders and would require the Department of Industrial Relations to update Wage Order No. 14-2001 to be consistent with those provisions, as specified.(11) Existing law establishes the Youth Apprenticeship Grant Program, to be administered by the Division of Apprenticeship Standards, for the purposes of awarding grant funds to eligible applicants to provide funding for existing apprenticeship and preapprenticeship programs or to develop new apprenticeship and preapprenticeship programs to serve the target population and satisfy the goals and objectives of the grant program, as specified. Existing law requires the program to have an explicit focus on equity, and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of Californias youth. Existing law requires, to measure success towards that goal, the grant program to, among other things, require demographic data to be cross-tabulated with labor force participation data and enrollment data among those demographic groups to assess parity to the public K12 high school, community college, and 4-year university graduating cohort demographic distribution.This bill would revise and recast that provision to require the program to cross-tabulate demographic data with labor force participation data and enrollment data among those demographic groups to assess parity in relation to the public K12 high school, community college, and 4-year university graduating cohort demographic distribution, comparing program completion rates with the attainment of educational degrees across groups.(12) Existing law establishes, from July 1, 2022, until June 30, 2025, the County Assessors Grant Program and, for the 202223 fiscal year, authorizes a county assessors joint powers authority to apply to the department, in the form and manner specified by the department. Existing law requires the Department of Finance to approve an application or memorandum of understanding that contains, among other things, a request for information technology-appropriate projects and programs related to the administration of the property tax system that includes the goals the joint powers authority seeks to achieve with the program funds. Existing law requires the department to, upon approval and by November 15, 2022, determine the grant amount and notify the State Controllers Office to remit payment to the joint powers authority.This bill would instead require the State Controllers Office to remit payment to a lead county, defined as a county designated by the department to accept program funds on behalf of the joint powers authority.(13) Existing law authorizes specified state departments and authorities, upon determination that an advance payment is essential for the effective implementation of a program, to advance to a community-based private nonprofit agency, with which it has contracted for the delivery of services, funds not exceeding 25% of the annual allocation to be made to the agency during the fiscal year.This bill would, until July 1, 2025, authorize state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met, including requiring advance payment recipients to provide an itemized budget, spending timeline, and workplan. The bill would limit the advance payment to a local agency or nongovernmental entity to 25% of the total grant amount awarded to that recipient, unless the administering state agency determines that the project requires a larger advance. The bill would require the recipient or any subrecipients to cooperate with audits by the Department of Finance related to the advanced payments, as specified.This bill would require the administering state agency to prioritize local agency or nongovernmental entity recipients and projects serving disadvantaged, low-income, and under-resourced communities or organizations with modest reserves and potential cashflow problems. The bill would also require local agency and nongovernmental entity recipients to submit additional documentation and progress reports on the spend-down of funds, and to demonstrate good standing with the federal Internal Revenue Service.(14) Existing law requires the State Department of Social Services, subject to an appropriation in the annual Budget Act, to administer the California Guaranteed Income Pilot Program to provide grants to eligible entities for the purpose of administering pilot programs and projects that provide a guaranteed income to participants. Existing law requires the department to prioritize funding for pilot programs and projects that serve California residents who age out of the extended foster care program and pregnant individuals.This bill would establish the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program to provide a trust account to an eligible child, defined to include minor California residents who are specified dependents or wards under the jurisdiction of juvenile court in foster care with reunification services terminated by court order, or who have a parent, Indian custodian, or legal guardian who died due to COVID-19 during the federally declared COVID-19 public health emergency and meet the specified family household income limit. The bill would create the HOPE for Children Trust Account Program Board, as specified, and would require the board to administer the program and the funds in alignment with the intent of the Legislature to create opportunities, economic autonomy, and hope, and to promote wealth and asset building for an eligible child and eligible youth to address Californias record levels of inequality, among other things. The bill would establish the HOPE for Children Trust Account Fund in the State Treasury, and would continuously appropriate moneys in the fund to the board and Treasurer for implementation of the program. By creating a continuously appropriated fund, the bill would make an appropriation.The bill would require the Treasurer to convene a workgroup to advise the Treasurer on program design, including data sharing with relevant governmental agencies and departments, outreach to families of eligible children and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts. The bill would require, on or before February 1, 2024, the board to submit a report to the Department of Finance and the Legislature that includes recommendations on a detailed plan for implementing the program and the anticipated number of HOPE trust accounts to be opened, among other things.The Personal Income Tax Law imposes taxes based upon taxable income at specified rates. Existing law, in modified conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded. Existing law, beginning on or after January 1, 2015, in modified conformity with federal income tax law, allows an earned income tax credit, the California Earned Income Tax Credit, against personal income tax. The Personal Income Tax Law allows, for each taxable year beginning on or after January 1, 2019, a young child tax credit against the taxes imposed under that law.This bill, for taxable years beginning on or after January 1, 2023, would exclude from gross income, for purposes of the personal income tax, funds deposited, any investment returns accrued, and any accrued interest, in a HOPE trust account, and any funds withdrawn or transferred from that account. The bill, for taxable years beginning on or after January 1, 2023, would additionally provide that funds deposited, any investment returns accrued, and any accrued interest in a HOPE trust account, and any funds withdrawn or transferred from that account, are not earned income for purposes of eligibility for the California Earned Income Tax Credit and the Young Child Tax Credit.(15) This bill would make various nonsubstantive changes.(16) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.(17) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature that Section 7903 of the Government Code, as amended by this act, shall not be construed to alter or affect the legal character or status of the moneys for any items identified in subdivision (b) of that section that are received by a local agency, except for the purpose of determining appropriations subject to the limit of the state or a local agency, pursuant to Article XIIIB of the California Constitution.SEC. 2. Section 6013.5.5 of the Business and Professions Code is amended to read:6013.5.5. Subdivision (c) of Section 450 and Sections 450 450.2 to 450.6, inclusive, shall apply to public members appointed or reappointed on or after January 1, 2012.SEC. 3. Section 8016.5 of the Business and Professions Code is repealed.8016.5.(a)The board shall not issue a certificate for the practice of shorthand reporting by means of voice writing or voice recognition technology.(b)It is the intent of the Legislature to address the issue of appropriate regulation of shorthand reporting by means of voice writing or voice recognition technology.SEC. 4. Section 8017 of the Business and Professions Code is amended to read:8017. The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. Nothing in this section shall require the use of a certified shorthand reporter when not otherwise required by law.SEC. 5. Section 8017.5 is added to the Business and Professions Code, to read:8017.5. For purposes of this article:(a) Voice writer means a certified shorthand reporter that makes a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. (b) Voice writing means a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter.SEC. 6. Section 8018 of the Business and Professions Code is amended to read:8018. Any A natural person holding who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a certified shorthand reporter. Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title certified shorthand reporter, or the abbreviation C.S.R., or use any words or symbols indicating or tending to indicate that he, she, they are, or it is is, certified under this chapter. Use of the words stenographer, or reporter, or of the phrases court reporter, deposition reporter, or digital reporter, in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter.SEC. 7. Section 8020 of the Business and Professions Code is amended to read:8020. Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following:(a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records.(b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to machine shorthand shall include voice writing.(c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting. reporting or voice writing.(d) A passing grade on the California state hearing reporters examination.(e) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California.SEC. 8. Section 8024 of the Business and Professions Code is amended to read:8024. (a) All certificates issued under pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed.(b) (1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1).(3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first. (c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following:(a)(1) Apply for renewal on a form prescribed by the board.(b)(2) Pay the renewal fee prescribed by this chapter.(c)(3) Notify the board whether he or she has they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensees last renewal.SEC. 9. Section 8024.8 is added to the Business and Professions Code, to read:8024.8. (a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification.(b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units.(c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files.SEC. 10. Section 100000.5 of the Financial Code is amended to read: (a)Except as set forth in this section, this division shall become operative on January 1, 2022. (b)Commencing January 1, 2021, the commissioner shall take all actions necessary to prepare to be able, commencing January 1, 2022, to fully enforce the licensing and regulatory provisions of this division, including, but not limited to, adoption of all necessary regulations. (c)100000.5. (a) The commissioner shall allow any debt collector that submits an application prior to before January 1, 2022, 2023, to operate pending the approval or denial of the application.(b) (1) Notwithstanding Section 100011, the commissioner may issue a conditional license to an applicant pending compliance with the requirements of subdivisions (a) to (c), inclusive, of Section 100008.(2) A conditional license issued pursuant to this subdivision shall expire at the earliest of the following:(A) Ninety days after the requirements of Sections 100007, 100008, and 100009 have been satisfied.(B) Upon the issuance of an unconditional license.(C) Ninety days after the commissioner directs the licensee in writing to submit fingerprints for submission to the Department of Justice pursuant to Section 100008, if the licensee fails to submit a set of fingerprints for each individual described in Section 100009.(D) Upon the denial, pursuant to Section 100012, of a license application.(c) The commissioner may deny an application under Section 100012 at any time before the issuance of an unconditional license.SEC. 11. Section 100002 of the Financial Code is amended to read:100002. For purposes of this division, the following terms have the following meanings:(a) Applicant means a person who applied for a license pursuant to this division.(b) California debtor accounts means accounts that are owned by consumers who reside in California at the time that the consumer makes a payment on the account.(c) Collection agency means a business entity through which a debt collector or an association of debt collectors engage in debt collection.(d) Commissioner means the Commissioner of Business Oversight. Financial Protection and Innovation.(e) Consumer credit transaction means a transaction between a natural person and another person in which property, services, or money is acquired on credit by that natural person from the other person primarily for personal, family, or household purposes.(f) Consumer debt or consumer credit means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a natural person by reason of a consumer credit transaction. The term consumer debt includes a mortgage debt. The term consumer debt includes charged-off consumer debt as defined in Section 1788.50 of the Civil Code.(g) Creditor means a person who extends consumer credit to a debtor.(h) Debt means money, property, or their equivalent that is due or owning or alleged to be due or owing from a natural person to another person.(i) Debt collection means any act or practice in connection with the collection of consumer debt.(j) Debt collector means any person who, in the ordinary course of business, regularly, on the persons own behalf or on behalf of others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters and other collection media used or intended to be used for debt collection. The term debt collector includes debt buyer as defined in Section 1788.50 of the Civil Code.(k) Debtor means a natural person from whom a debt collector seeks to collect a consumer debt that is due or owing or alleged to be due or owing from the person.(l) Department means the Department of Business Oversight. Financial Protection and Innovation.(m) Fund means the Debt Collection Licensing Fund established pursuant to Section 100006.5.(n) Licensee means a person licensed licensed, conditionally or unconditionally, pursuant to this chapter.(o) Nationwide Multistate Licensing System & Registry means a system of record, created by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, for nondepository, financial services licensing or registration in participating state agencies, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam.(p) Person means a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other similar entity.SEC. 12. Section 100013 of the Financial Code is amended to read:100013. (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application.(b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner shall may deem the application abandoned.(c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license.SEC. 13. Section 1357 is added to the Fish and Game Code, to read:1357. (a) The board may authorize advance payments on a contract or grant under this chapter pursuant to subdivision (d) of Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed.SEC. 14. Section 7903 of the Government Code is amended to read:7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 2021-22 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) End the Epidemics-Sexually Transmitted Infections: Sexually Transmitted Disease Prevention transmitted disease prevention and Collaboration Grants to Local Health Jurisdictions control activities (Section 120511 of the Health and Safety Code).(E) Foundation Support for Future vital public health activities (Article 7 (commencing with Section 101320) of Public Health (Item 4265-111-0001 of Chapter 3 of Part 3 of Division 101 of the Budget Action of 2022). Health and Safety Code).(F) County Administration administration for Medi-Cal Eligibility eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services Case Management program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Section 124035 (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified Pre precare and Post Care Services postcare services for Individuals Treated individuals treated in Short-Term Residential Therapeutic Programs short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental Health Plan Costs health plan costs for Continuum of Care Reform, (paragraph (4) Reform (Sections 4096.5 and 11462.01 of subdivision (c) of Section 36 of Article XIII of the California Constitution). Welfare and Institutions Code).(N) Mobile Crisis Services (Chapter 1 (commencing with Section 5960) crisis services (Section 14132.57 of Part 7 of Division 5 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Item (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Provision 18, funds distributed from the Mental Health Services Act (Section Fund pursuant to Section 5892 of the Welfare and Institutions Code). Code.(Q) Drug Medi-Cal Organized Delivery System organized delivery system, excluding Narcotic Treatment Program services (Section [ ] 14184.401 of the Welfare and Institutions Code) Code).(R) Specialty Mental Health Services, Drug Medi-Cal, excluding Narcotic Treatment Program services, and Drug Medi-Cal Organized Delivery System, excluding Narcotic Treatment Program service services (Section 14124.12 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program, (Item Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022 Provision 17). 2022).(T) Mental Health Services Oversight and Accountability Commission, Mental Health Student Services Act Partnership Grant Program partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and [ ] 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program, Program (Chapter 25 of the Statutes of 2016 (Assembly Bill 1603 (Ch. 25, Stats. 2016)). No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey, (EO Roomkey (Executive Order No. N-32-20 (Item [ ]of and Item 5180-151-0001 of the Budget Act of 2019 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item [ ] 5180-493 of the Budget Act of 2021)). 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of [ ]). 2022).(AE) Adult Protective Services (Item [ ] (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Budget Act of 2021). Welfare and Institutions Code).(AF) Adult Corrections corrections and Rehabilitation Operations-Institution Administration (Sections 1228 to 1233.11, inclusive, of, and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of, of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections Planning planning and Grant Programs grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 5, 2002 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Sections 14130 to 14132, inclusive, Title 10.2 (commencing with Section 14130) of the Penal Code, Senate Chapter 337 of the Statutes of 2020 (Senate Bill 823 (Ch. 337, Stats 2020), No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (SB 119 (Ch. 9, Stats. 2022), (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of [ ]). 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of [ ]). 2021).(AK) Department of Cannabis Control, Grant 2021, Control grant (Item 1115-101-0001 of the Budget Act of [ ] 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural Land Burning land burning in San Joaquin Valley (Item 3900-101-0001 Provision (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Item 3970-101-0001 Provision (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for Fire fire and Rescue, (Item 0690-101-0001 Provision rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Item 0690-101-0001 Provision (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Item 0690-101-0001 Provision (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Sections 50216 to 50223, inclusive, (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment Resolution Grants (Sections 50250 to 50254, inclusive, resolution grants (Chapter 7 (commencing with Section 50250) and Sections 50255 to 50259, inclusive, Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Section (Sections 50675.1.1 and the following to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs (Control contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021). 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(d) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code.SEC. 15. Section 11019.1 is added to the Government Code, to read:11019.1. (a) It is the intent of the Legislature to establish a new pilot program to explore possible improvements to the states existing advance payment practices for state-funded local assistance grants.(b) For purposes of this section, all of the following shall apply:(1) Administering state agency means a state agency that administers a grant program that is eligible for advanced payments pursuant to this section.(2) Recipient entity means a local agency or a nongovernmental entity that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(3) Recipient state agency means a state agency that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(4) State agency has the same meaning as in Section 11000.(c) An administering state agency may advance a payment to a recipient entity pursuant to the following:(1) The administering state agency shall do all of the following:(A) Prioritize recipients and projects serving disadvantaged, low-income, and under-resourced communities or organizations with modest reserves and potential cashflow problems.(B) Stipulate an advance payment structure and request process within the grant agreement or contract between the administering state agency and the recipient entity.(C) Ensure the advance payment to the recipient entity does not to exceed 25 percent of the total grant amount awarded to that recipient entity. An administering state agency may exceed the 25-percent limit if the administering state agency determines that the project requires a larger advance and the recipient entity provides sufficient justification and documentation to the administering state agency.(2) (A) Recipient entity shall be subject to the following minimum requirements:(i) Provide an itemized budget, spending timeline, and workplan developed in a form and manner specified by the administering state agency.(ii) Submit documentation, as required by the administering state agency, to support the need for advanced payment, which may include, but is not be limited to, invoices, contracts, estimates, payroll records, and financial records.(iii) Demonstrate good standing with the Internal Revenue Service.(iv) Obtain insurance, if required by the administering state agency and stipulated within the grant agreement.(v) Deposit any funds received as an advance payment into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any accumulated interest shall be deemed to be grant moneys, subject to federal laws and regulations, and the recipient shall report interest earned on the advanced payment to the administering state agency.(vi) Establish procedures to minimize the amount of time that elapses between the transfer of funds and the spend down of those funds by the recipient or subrecipient. Further advance payments shall not be made until a grantee is able to demonstrate that all previously advanced funds have been spent down or a plan is in place to ensure spend down of those funds in a timely manner.(vii) Provide progress reports on the spend down of advanced funds no less than on a quarterly basis. The administering state agency may require progress reports on the spend down of advanced funds. All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the state.(viii) Provide a progress report to the administering state agency following the expenditure of an advance payment that includes a summary or work completed, proof of expenditure, and other associated information.(B) (i) Recipient entities may provide moneys from the advance payment to subrecipients in accordance with their grant program requirements.(ii) Recipients shall require all entities they subcontract with or award grant moneys to comply with clauses (vi) and (viii) of subparagraph (A).(iii) Regardless of any transfer or assignment of advanced payments to subrecipients, recipients shall be liable to the state agency for complying with subparagraph (B) and for any failures by subrecipients to perform contractual obligations or to comply with the requirements of this section.(d) An administering state agency may advance a payment to a recipient state agency in accordance with all of the following:(1) The administering state agency shall stipulate an advance payment structure and request process within the grant agreement or contract between the state agency administering the program and the recipient state agency.(2) Each recipient state agency shall provide an itemized budget, a spending timeline, and a workplan, in a form and manner specified by the administering state agency.(3) (A) The administering state agency may require the recipient state agency to provide progress reports on the spend down of the advance payment.(B) All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the administering state agency.(e) An administering state agency may apply and utilize the advance payment program established by this section only if the program administered by the administering state agency expressly authorizes the use of this section.(f) An administering state agency authorized to use the advance payment program established by this section may also apply for and utilize the advance payment program in Section 11019, as applicable.(g) Advance payments authorized under this section shall be limited to the minimum immediate cash requirements necessary to carry out the purpose of the approved activity, program, or project, as determined by the administering state agency and subject to that administering state agencys approval of the recipient entitys or recipient state agencys workplan and written justification.(h) The Department of Finance or its designee may audit, during or after the conclusion of the term of the grant agreement, any state agency, recipient, or subrecipient that received an advanced payment under this section. The state agency, recipient, or subrecipient shall cooperate fully with the audit, including, but not limited to, providing access to its staff, books, records, accounts, or other materials, as requested.(i) This section shall not be construed as limiting, prohibiting, or superseding any existing payment or grantmaking authorizations or powers of state agencies utilizing this section.(j) On or before January 10, 2025, the Department of Finance shall provide a report to the Legislature, in compliance with Section 9795, that identifies outcomes of the advanced payment pilot authorized in this section. The report shall include, but is not limited to, all of the following:(1) The number of payments advanced pursuant to this section, including by program and geographic location.(2) The number of payments advanced pursuant to this section that exceeded the 25-percent limit allowed in subparagraph (C) of paragraph (1) of subdivision (c), including by program and geographic location.(3) A summary of any adverse audit findings associated with audits conducted pursuant to subdivision (h).(k) This section shall remain in effect only until July 1, 2025, and as of that date is repealed.SEC. 16. Section 11852 of the Government Code is amended to read:11852. For purposes of this chapter, the following terms shall have the following meanings: chapter:(a) Accounting book of record means the central accounts maintained by the Controller and used in the preparation of financial statements, including the annual comprehensive financial report issued pursuant to Section 12460.(a)(b) Approved FISCal Project documents means any Special Project Report approved by the Department of Technology, or its successor agency, for the FISCal, as may be amended, augmented, or changed by any subsequent approved Special Project Report or legislative action.(b)(c) Cost or costs of the system means all costs related to the acquisition, design, development, installation, deployment, and other related costs of the system, including, but not limited to, software, hardware, licenses, upgrades, training, facilities, contractors, and staff.(c)(d) Cost allocation plan means the plan described in Section 11874.(e) Deferred departments means departments and agencies that are extended a delayed implementation date pursuant to the departments plan.(d)(f) Department means the Department of FISCal established pursuant to Section 11890.(e)(g) Director means the Director of FISCal appointed pursuant to Section 11894.(h) Exempt departments means departments or agencies not required to implement FISCal but that will interface pursuant to the departments plan.(f)(i) FISCal means the Financial Information System for California.(g)(j) FISCal Consolidated Payment Fund means the fund created pursuant to subdivision (a) of Section 11872.(h)(k) FISCal Internal Services Fund means the fund created pursuant to Section 11870.(i) (l) Interface means to communicate or interoperate with the system. (j)Office means the FISCal project office. (k)(m) Partner agencies means the Department of Finance, the Controller, the Department of General Services, and the Treasurer.(l)(n) State departments and agencies means all state offices, officers, departments, divisions, bureaus, boards, commissions, organizations, or agencies, claims against which are paid by warrants drawn by the Controller, and whose financial activities are reported in the annual financial statement of the state or are included in the annual Governors Budget, including, but not limited to, the California State University, the University of California, the legislative branch, and the judicial branch.(m)(o) System means a single integrated financial management system for the state that encompasses the management of resources and dollars as described in the approved FISCal Project documents and includes the information required by Section 11862.SEC. 17. Section 11854 of the Government Code is amended to read:11854. The Legislature intends that the system meet all of the following objectives:(a) Replace the states aging legacy financial management systems and eliminate fragmented and diverse reporting by implementing standardized financial management processes and systems across all departments and control agencies. For purposes of this subdivision, financial management means accounting, budgeting, cash management, asset accounting, vendor management, and procurement.(b) Increase competition by promoting business opportunities through the use of electronic bidding, online vendor interaction, and automated vendor functions.(c) Maintain a central source for financial management data to reduce the time and expense of vendors, departments, and agencies collecting, maintaining, and reconciling redundant data.(d) Increase investment returns through timely and accurate monitoring of cash balances, cashflow forecasting, and timing of receipts and disbursements.(e) Improve fiscal controls and support better decisionmaking by state managers and the Legislature by enhancing the quality, timeliness, consistency, and accessibility of financial management information through the use of powerful data access tools, standardized data, and financial management reports.(f) Improve access and transparency of Californias financial management information allowing the implementation of increased auditing, compliance reporting, and fiscal accountability while sharing information between the public, the Legislature, external stakeholders, state, federal, and local agencies.(g) Automate manual processes processes, to the extent that automation is feasible, by providing the ability to electronically receive and submit financial management documents and data between agencies, departments, banks, vendors, and other government entities.(h) Provide online access to financial management information resulting in a reduction of payment or approval inquiries, or both.(i) Improve the states ability to preserve, access, and analyze historical financial management information to reduce the workload required to research and prepare this information.(j) Enable the state to more quickly implement, track, and report on changes to financial management processes and systems to accommodate new information such as statutory changes and performance information.(k) Reduce the time, workload, and costs associated with capturing and projecting revenues, expenditures, and program needs for multiple years and scenarios, and for tracking, reporting, and responding to legislative actions.(l) Track purchase volumes and costs by vendor and commodity code or service code to increase strategic sourcing opportunities, reduce purchase prices, and capture total state spending data.(m) Reduce procurement cycle time by automating purchasing authority limits and approval dependencies, and easing access to goods and services available from existing sources, including, but not limited to, using leveraged procurement agreements.(n) Streamline the accounts receivable collections process and allow for offset capability which will provide the ability for increased cash collection.(o) Streamline the payment process and allow for faster vendor payments that will reduce late payment penalty fees paid by the state.(p) Improve role-based security and workflow authorization by capturing near real-time data from the states human resources system of record.(q) Implement a stable and secure information technology infrastructure.SEC. 18. Section 11856 is added to the Government Code, immediately preceding Section 11860, to read:11856. (a) Notwithstanding any other law, and to the extent feasible as determined by the department in conjunction with the Department of Finance, state departments and agencies shall use the system.(b) The systems project objectives, as identified in Sections 11854 and 11862, for purposes of reporting pursuant to Section 11546, are determined to be complete as of July 1, 2022. Therefore, no further reporting pursuant to Section 11546 on system development, implementation, enhancement, maintenance and operations, security, or related workload is required.(c) The department shall create and maintain a plan or roadmap pursuant to Section 11865.SEC. 19. The heading of Article 2 (commencing with Section 11860) of Chapter 10 of Part 1 of Division 3 of Title 2 of the Government Code is amended to read: Article 2. Development Ongoing Maintenance and Implementation Operation of FISCalSEC. 20. Section 11860 of the Government Code is amended to read:11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop, implement, and develop enhancements to the system, utilize the system system, and assist the department to maintain the system. This effort will shall ensure best business practices by embracing opportunities to reengineer the states business processes and will shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the office, department, a department or agency shall be permitted to may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before July 1, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before March 1, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings.SEC. 21. Section 11862 of the Government Code is amended to read:11862. (a) In addition to the requirements set forth in the approved FISCal project documents, the system shall include a state transparency component that allows the public to have access to information regarding General Fund, special fund, federal fund, and federal other nongovernmental cost fund expenditure data, data using an Internet Web site. internet website.(b) This section shall does not require the disclosure of information deemed confidential or otherwise exempt from disclosure under state or federal law.SEC. 22. Section 11864 of the Government Code is repealed.11864.(a)Throughout the development of the system, the California State Auditors Office shall independently monitor the system as the California State Auditor deems appropriate. The California State Auditors Office independent monitoring of the system shall include, but not be limited to, all of the following:(1)Monitoring the contract for independent project oversight and independent verification and validation services relating to the system.(2)Assessing whether concerns about the system raised by the independent project oversight and independent verification and validation services are being addressed by the office and the steering committee of the office.(3)Assessing whether the system is progressing timely and within its budget.(b)The California State Auditors Office shall report, at a minimum, on or before January 10 of each year, on the system activities that the California State Auditors Office deems appropriate to monitor pursuant to this section in a manner consistent with Chapter 6.5 (commencing with Section 8543) of Division 1.(c)This section shall not supersede or compromise the Department of Technologys oversight authority and responsibilities with respect to the system.(d)This section shall remain operative until the completion of the system, as specified in paragraph (2) of subdivision (a) of Section 11890, and thereafter shall be inoperative.SEC. 23. Section 11864 is added to the Government Code, to read:11864. (a) On or before October 31, 2023, and annually thereafter on or before October 31, the department shall submit a report to the Legislature, pursuant to Section 9795, that includes all of the following:(1) An executive summary and overview of the systems status.(2) An overview of the systems history.(3) Significant events of the system within the current reporting period.(4) An overview of change management activities and stakeholder engagement for any new departments onboarding to the system.(5) A discussion of lessons learned and best practices that will be incorporated into future changes in the management of the system.(6) A description of any significant software customization, including the reason for the customization, if any customization was granted.(7) The date on which state departments and agencies submit year-end reports to the Controller.(8) The number of trainings held at the department and a list of state departments and agencies participating in these trainings.(9) The number and length of unplanned outages that occurred during normal business hours.(10) The number of requests for changes to the system by entities that reported concerns with using the system to meet federal requirements and descriptions of the departments efforts to resolve those concerns.(11) The recommendations from evaluations performed pursuant to subdivisions (a) and (c) of Section 11868.(b) (1) Commencing October 31, 2023, and biennially thereafter, the department shall report on the status of planning for roadmap activities, as described in Section 11865, including any expenditures made with funds provided by the Department of Finance and the Legislature to support roadmap activities pursuant to items 8880-001-0001 and 8880-001-9740 of the annual Budget Act.(2) This section shall remain operative until the completion of roadmap activities, as described in Section 11865, or until January 1, 2034, whichever is earlier.SEC. 24. Section 11865 is added to the Government Code, immediately following Section 11864, to read:11865. The department shall complete all of the following roadmap activities on or before July 1, 2032, unless otherwise specified:(a) Ensure the system is technically optimized and secure based on infrastructure, platform, and software industry best practices, whether on-premise technologies, cloud-hosted technologies, or a combination thereof are used.(b) Onboard the remaining deferred departments by July 1, 2032, and be sufficiently staffed to provide ongoing support and assistance to end users.(c) Ensure the integrity and security of the states financial data.(d) Support the transition of the states accounting book of record from the Controllers legacy systems to the system pursuant to subdivision (c) of Section 11860, including validation work related to the annual comprehensive financial report issued pursuant to Section 12460.(e) Work with partner agencies to identify and implement additional products, interfaces, and add-ons to the system to enhance business transactions.(f) Continue to enhance, upgrade, and manage the system to ensure efficient and relevant alignment with the states financial management processes.SEC. 25. Section 11868 is added to the Government Code, immediately following Section 11865, to read:11868. (a) In its independent monitoring of the system, the California State Auditors Office shall do, but is not limited to doing, both of the following:(1) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the Controllers progress toward transitioning the states accounting book of record from the legacy system utilized by the Controller to the system pursuant to subdivision (c) of Section 11860.(B) This paragraph shall apply only until the successful transition of the accounting book of record to the system.(2) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the departments completion of the activities required by Section 11865, with an emphasis on the activities described in subdivisions (c) and (e) of Section 11865 as top priorities. (B) This paragraph shall apply only until the successful completion of the roadmap activities described in Section 11865.(b) The department may contract for quality assurance services to monitor system-related workload, as needed or as determined to be appropriate by the department.(c) The department shall contract for an annual assessment of the system that determines the ease of use of the system by end users, including control agencies, relative to statutory and policy requirements for accounting, cash management, procurement, and budgeting. The assessment shall include recommendations to the department on process, policy, and system improvements including, but not limited to, changes that would assist departments in submitting timely annual financial statements.SEC. 26. Section 11880 of the Government Code is amended to read:11880. (a) The office and department shall require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, and or partner agency employee assigned to either the office or the department whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure.(b) The fingerprint images and associated information described in subdivision (a) shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of any of the following:(1) A record of state or federal convictions and the existence and nature of state or federal arrests for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal.(2) Being convicted of, or pleading nolo contendere to, a crime, or having committed an act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of the person in accordance with this provision.(3) Any conviction or arrest, for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal, with a reasonable nexus to the information or data to which the person shall have access.(c) Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(d) The Department of Justice shall respond to the Chief of Human Resources of the office or the department with information as provided under subdivision (p) of Section 11105 of the Penal Code.(e) The Chief of Human Resources of the office or the department shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code.(f) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(g) Persons described in subdivision (a) may be rejected if it is determined they meet the criteria described in paragraph (2) or (3) of subdivision (b). If a person is rejected, the individual shall receive a copy of the response record from the Chief of Human Resources of the office or the department. Resources.(h) The Chief of Human Resources of the office or the department shall follow a written appeal process for an individual described in subdivision (a) who is determined ineligible for employment because of his or her the individuals Department of Justice or Federal Bureau of Investigation criminal offender record.(i) When considering the background information received pursuant to this section, the Chief of Human Resources of the office or the department shall take under consideration any evidence of rehabilitation, including, but not limited to, participation in treatment programs and age and specifics of the offense.SEC. 27. Section 11890 of the Government Code is amended to read:11890. (a) (1)There is in state government the Department of FISCal.(2)(A)Upon the acceptance of the system by the state, as determined by the Director of Finance in his or her capacity as the system sponsor, the(b) The Department of FISCal shall be within the Government Operations Agency.(B) The director shall post a notice on the Internet Web site of the Department of FISCal when the Director of Finance accepts the system in accordance with subparagraph (A). (b)The Department of FISCal shall maintain, upgrade, or otherwise enhance and support the system, provide operational support to the customers and stakeholders of the system, and onboard any new, deferred, or exempt state entities. SEC. 28. Section 11892 of the Government Code is amended to read:11892. (a)The department shall incrementally assume responsibility of be responsible for the system functionality as portions of and shall perform all functions necessary to fulfill the system are implemented and accepted. requirements of Section 11865.(b)The department shall provide the administrative functions for the system, including those functions of the office, during its existence. (c)The office and the department shall exist concurrently during the phased implementation of the system. Upon full implementation and final acceptance of the system, the department shall supersede the office and perform all administration, maintenance, and operation of the system. SEC. 29. Section 11894 of the Government Code is amended to read:11894. (a)The Director of FISCal shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation.(b)The director shall have appointment power for both the office and the department and shall oversee the day-to-day functions of both the office and the department. The director shall identify and transfer staff from the office to the department to further performance of the duties specified in Section 11892, in accordance with Section 19050.9.SEC. 30. Section 12803.2 of the Government Code is amended to read:12803.2. (a) The Government Operations Agency shall consist of all of the following:(1) The Office of Administrative Law.(2) The Public Employees Retirement System.(3) The State Teachers Retirement System.(4) The State Personnel Board.(5) The California Victim Compensation Board.(6) The Department of General Services.(7) The Department of Technology.(8) The Franchise Tax Board.(9) The Department of Human Resources.(10) The California Department of Tax and Fee Administration.(11) The Office of Data and Innovation, effective July 1, 2023.(b) The Government Operations Agency shall include the Department of FISCal upon the acceptance of the Financial Information System for California (FISCal) by the state, as determined by the Director of Finance, pursuant to Section 11890.(c) The Government Operations Agency shall be governed by the Secretary of Government Operations pursuant to Section 12801. However, the Director of Human Resources shall report directly to the Governor on issues relating to labor relations.(d) The Governor, upon the recommendation of the Secretary of Government Operations, may appoint up to three deputies for the secretary. (e)This section shall become operative on July 1, 2017. SEC. 31. Section 12815 of the Government Code is amended to read:12815. (a) The Office of Digital Data and Innovation is hereby established on July 1, 2019, within the Government Operations Agency. Effective July 1, 2023, the Office of Data and Innovation shall operate as a standalone entity that reports to the Government Operations Agency consistent with other state entities listed in Section 12803.2.(b) There shall be a Director of the Office of Digital Data and Innovation.The director shall be appointed by, and serve at the pleasure of, the Governor. The appointment of the director shall be subject to confirmation by the Senate. The director shall report to the Secretary of Government Operations. The director shall be responsible for managing the affairs of the office and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this section. The Governor may appoint people to the office who are exempt from civil service. The total number of exempt positions in the office shall not exceed 20. 22.(c) There shall be a Chief Data Officer in the Office of Data and Innovation who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Director of the Office of Data and Innovation. The Chief Data Officer shall be responsible for data practices within the state with an overarching goal to improve government data use. (c)(d) For the purposes of this section:(1) Director means the Director of the Office of Digital Data and Innovation.(2) CDO means Chief Data Officer of the Office of Data and Innovation. (2)(3) Fund means the Digital Data and Innovation Services Revolving Fund.(3)(4) Office means the Office of Digital Data and Innovation.(5) Open data means a dataset that is available as a whole to all at no cost, discoverable and accessible on the internet, published to minimize the time between the creation and dissemination of the data or documents, provided under terms that permit reuse, redistribution, and mixing with other datasets, and provided in an open format that is machine-readable on data.ca.gov or its successor internet website. (4)(6) Service delivery means the provision of a service or services, product or products, by a state entity or state entities to persons, other state entities, constitutional state entities, independent state entities, local government entities, federal entities, private entities, or nonprofit entities.(5)(7) State entity means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and agencies.(d)(e) The offices mission shall be to deliver better government services to the people of California through technology and service innovation, data, and design. The office will shall fulfill this mission by:(1) Collaborating with state entities to transform government services. The office will shall focus on measurably improving services using a deliberate, user-focused approach. approach and data-informed practices.(2) Investing in state capabilities to put users first, build iteratively, and let data drive decisions.(3) Empowering the use of data by ensuring that the state has the infrastructure, processes, and people to manage, access, and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. (3)(4) Rethinking and improving how the state buys digital services. services and datasets.(4)(5) Expanding the use of common platforms, services, and tools.(e)(f) The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office.(f)(g) The director shall establish a program to improve the states service delivery and data functions, guided by service delivery and data best practices.(1) The director is hereby authorized to engage with state entities for the purpose of improving the service and data delivery functions of those state entities.(2) Engagements shall be formalized in writing and shall identify, at minimum, the roles and responsibilities of both the office and the state entity being engaged by the office.(g)(h) The director and the CDO may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual regarding:(1) Service delivery design, implementation, maintenance, and operations.(2) Service delivery assessments.(3) Service delivery improvement and problem mitigation.(4) Data governance and management, including, but not limited to, policies, standards, and procedures related to data sharing, data inventory, and open data, data standards for consistency and interoperability of data across the state, and methodological and evidence standards, including ethical data use, for performance management, analytics, and evaluation. (h)(i) The director shall train state supervisors, managers, executives, and other staff in leadership positions regarding service delivery and data best practices. The director is authorized to may require state entity staff to attend training deemed necessary by the director. The director may consult or contract with the Department of Human Resources or the Department of Technology for assistance or delivery of training as needed to fulfill the purposes of this section.(j) Datasets available as open data on data.ca.gov or its successor internet website or other state-managed open data portals are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of data made available on the data portal. No warranties may be implied or inferred with respect to the publishable data made available on the data portal. The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of publishable data made available on the data portal or by any third-party application utilizing publishable data.(k) No later than January 31, 2024, and every two years thereafter, the CDO shall create and publish a report detailing a state data strategy to empower the use of data by ensuring that the state has the infrastructure, processes, and personnel to manage access and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. The report may also include recommendations to improve data management across state departments, however, those recommendations shall not require those agencies to act. The report shall be submitted to the legislative and judicial branches. (i) (l) Any funds appropriated to the office for the purpose of funding various statewide data and innovation activities are to be administered by the director for the implementation, support, or assessment of state entities existing or proposed service delivery functions.(j)(m) While engaged with a state entity, office staff shall, in the performance of their duties related to the improvement of service delivery and data functions, have access to, and the authority to examine or reproduce, any and all records, data, information technology systems or other functionality, or any other document or component related to the service delivery function being improved by the office.(1) The office shall maintain the confidentiality of, and protect from unauthorized access or disclosure, all records, data, information technology systems or other functionality, or any other document or component received from, or otherwise accessed from, any state entity engaged with the office in accordance with state law, including, but not limited to, the Information Practices Act of 1977.(2) The director, any employee or former employee of the office, any person or business entity that is contracting with or has contracted with the office and the employees and former employees of that person or business entity shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, data, information technology systems or other functionality, or any other document or component, the disclosure of which is restricted by law from release to the public. This subdivision shall also apply to the officers and employees of, and any person or business entity that is contracting with, or has contracted with, any state or local governmental agency or publicly created entity, that has assisted the office in the course of any engagement.(3) Any officer, employee, or person who discloses the particulars of any record, data, information technology systems or other functionality, or any other document or component in violation of this section shall be subject to a civil penalty not to exceed five thousand dollars ($5,000), including the release of any information received pursuant to Section 10850 of the Welfare and Institutions Code, or that is otherwise prohibited by law to be disclosed.(4) Upon the completion of each engagement, the office shall dispose of all records, data, and other documentation received, copied, or otherwise in the possession of the office as a result of the engagement that contains personally identifiable information in accordance with state law.(k)(n) The adoption, amendment, or repeal of the policies, procedures, guidelines, or other directives consistent with this chapter are exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).(l)(o) (1) Effective July 1, 2020, the Digital Data and Innovation Services Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director to receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. office. Notwithstanding Section 13340, until July 1, 2024, moneys in the fund are continuously appropriated to the office without regard to fiscal year to pay all costs arising from this section and rendering of services to state entities, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the office, and costs associated with approved information technology projects, and to establish reserves. On and after July 1, 2024, moneys in the fund shall be available upon appropriation of the Legislature. At the discretion of the director, segregated, dedicated accounts within the fund may be established.(2) On or before February 1, 2021, and each February 1 thereafter, the director shall submit a report to the Chairperson of the Joint Legislative Budget Committee, or the chairpersons designee, that includes a summary of the activities of the office and a listing and descriptions of all expenditures made from the fund, as well as all revenues received by the fund, for the prior fiscal year. The report shall also include all of the following:(A) A list of past and current engagements organized by state entity.(B) A list of proposed and approved information technology projects that received funding from the fund.(C) Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund.(3) The fund shall consist of all of the following:(A) Moneys appropriated and made available by the Legislature for the purposes of this section.(B) Donations, endowments, or grants of funds from private or public sources for any purposes that commit to the offices mission of this section. the ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose.(C) Any other moneys that may be made available to the office from any other source, including the return from investments of moneys by the Treasurer. (m)The office may collect payments from state entities for providing services to client entities. The office may require monthly payments by client entities for the services provided. Pursuant to Section 11255, the Controller shall transfer any amounts so authorized by the office, consistent with the annual budget of each department, to the fund. The office shall notify each affected state entity upon requesting the Controller to make the transfer. (n)(p) Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381.SEC. 32. Section 13300.5 of the Government Code is repealed.13300.5.(a)The Legislature finds and declares that the system to modernize the states internal financial systems is a critical project that must be subject to the highest level of oversight. According to the Department of Technology, the size and scope of this modernization and automation effort make this project one of the highest risk projects undertaken by the state. Therefore, the Legislature must take steps to ensure it is fully informed as the project is implemented. It is the intent of the Legislature to adopt additional reporting requirements for the department to adequately manage risk and ensure the successful implementation of this effort.(b)The department shall report to the Legislature, on or before October 31 of each year beginning in 2020, on all of the following:(1)An executive summary and overview of the systems status.(2)An overview of the systems history.(3)Significant events of the system within the current reporting period and a projection of events during the next reporting period.(4)A discussion of mitigation actions being taken by the department for any missed major milestones.(5)A comparison of actual to budgeted expenditures, and an explanation of variances and any planned corrective actions, including a summary of the system and staffing levels and an estimate of staff participation from partner agencies.(6)An articulation of expected functionality and qualitative benefits from the system that were achieved during the reporting period and that are expected to be achieved in the subsequent year.(7)An overview of change management activities and stakeholder engagement during the system implementation process, including a summary of departmental participation in the system.(8)A discussion of lessons learned and best practices that will be incorporated into future changes in management activities.(9)A description of any significant software customization, including a justification for why, if any, customization was granted.(10)Updates on the progress of meeting the systems objectives.(11)The scope of services provided by the system integrator contractor hired by the department to complete project deliverables, the cost of these services, and the number of staff used by the contractor.(12)The date on which state departments and agencies submit month-end and year-end reports to the Controller.(13)The number of trainings held at the department and a list of state departments and agencies participating in these trainings.(14)The status of the implementation activities for the remaining State Controllers Office Milestones identified in the most recently approved Special Project Report.(c)Reports shall describe deviations to the project scope, cost, or schedule from the most recently approved Special Project Report.(d)This section shall remain operative until the completion of the system, as specified in paragraph (2) of subdivision (a) of Section 11890, and thereafter shall be inoperative.(e)The definitions in Section 11852 shall apply to the applicable terms in this section.SEC. 33. Section 15849.1 of the Government Code is amended to read:15849.1. An amount not to exceed the amount of unsold bonds which that the board has has, by resolution resolution, authorized to be sold for the purposes of carrying out this part is hereby appropriated from the General Fund to the Director of Finance, who may direct that any portion of that amount shall be deposited into a special account in the Public Building Buildings Construction Fund, to be used for the construction of public buildings to be financed pursuant to this part, as authorized by the Legislature. Any amounts made available from the General Fund under this section to the board shall be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings. buildings or any other lawfully available source of funds. These amounts shall be repaid to the General Fund with interest at the rate which that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Fund.SEC. 34. Section 16344 of the Government Code is amended to read:16344. The Budget Act for each fiscal year commencing with the 201112 fiscal year consists of the following statutes:(a) Budget Act of 2011(1) Chapter 33 of the Statutes of 2011 (Senate Bill No. 87)(2) Chapter 41 of the Statutes of 2011 (Assembly Bill No. 121)(3) Chapter 16 of the Statutes of 2011, First Extraordinary Session (Assembly Bill No. 30)(4) Chapter 10 of the Statutes of 2012 (Senate Bill No. 83)(5) Chapter 27 of the Statutes of 2012 (Assembly Bill No. 1485)(b) Budget Act of 2012(1) Chapter 21 of the Statutes of 2012 (Assembly Bill No. 1464)(2) Chapter 29 of the Statutes of 2012 (Assembly Bill No. 1497)(3) Chapter 31 of the Statutes of 2012 (Assembly Bill No. 1502)(4) Chapter 152 of the Statutes of 2012 (Senate Bill No. 1029)(5) Chapter 630 of the Statutes of 2012 (Assembly Bill No. 1477)(6) Chapter 3 of the Statutes of 2013 (Assembly Bill No. 113)(7) Chapter 5 of the Statutes of 2013 (Senate Bill No. 68)(8) Chapter 36 of the Statutes of 2013 (Senate Bill No. 89)(c) Budget Act of 2013(1) Chapter 20 of the Statutes of 2013 (Assembly Bill No. 110)(2) Chapter 354 of the Statutes of 2013 (Assembly Bill No. 101)(3) Chapter 2 of the Statutes of 2014 (Senate Bill No. 103)(4) Chapter 38 of the Statutes of 2014 (Senate Bill No. 865)(d) Budget Act of 2014(1) Chapter 25 of the Statutes of 2014 (Senate Bill No. 852)(2) Chapter 663 of the Statutes of 2014 (Assembly Bill No. 1476)(3) Chapter 1 of the Statutes of 2015 (Assembly Bill No. 91)(4) Chapter 15 of the Statutes of 2015 (Assembly Bill No. 116)(e) Budget Act of 2015(1) Chapter 10 of the Statutes of 2015 (Assembly Bill No. 93)(2) Chapter 11 of the Statutes of 2015 (Senate Bill No. 97)(3) Chapter 321 of the Statutes of 2015 (Senate Bill No. 101)(4) Chapter 2 of the Statutes of 2016 (Assembly Bill No. 133)(5) Chapter 9 of the Statutes of 2016 (Senate Bill No. 93)(6) Chapter 11 of the Statutes of 2016 (Assembly Bill No. 120)(7) Chapter 28 of the Statutes of 2016 (Senate Bill No. 827)(f) Budget Act of 2016(1) Chapter 23 of the Statutes of 2016 (Senate Bill No. 826)(2) Chapter 44 of the Statutes of 2016 (Assembly Bill No. 1622)(3) Chapter 318 of the Statutes of 2016 (Assembly Bill No. 1623)(4) Chapter 370 of the Statutes of 2016 (Assembly Bill No. 1613)(5) Chapter 2 of the Statutes of 2017 (Senate Bill No. 47)(6) Chapter 7 of the Statutes of 2017 (Senate Bill No. 132)(7) Chapter 12 of the Statutes of 2017 (Assembly Bill No. 98)(8) Chapter 53 of the Statutes of 2017 (Senate Bill No. 107)(g) Budget Act of 2017(1) Chapter 14 of the Statutes of 2017 (Assembly Bill No. 97)(2) Chapter 22 of the Statutes of 2017 (Assembly Bill No. 120)(3) Chapter 54 of the Statutes of 2017 (Senate Bill No. 108)(4) Chapter 181 of the Statutes of 2017 (Senate Bill No. 113)(5) Chapter 249 of the Statutes of 2017 (Assembly Bill No. 109)(6) Chapter 254 of the Statutes of 2017 (Assembly Bill No. 134)(7) Chapter 5 of the Statutes of 2018 (Assembly Bill No. 105)(8) Chapter 31 of the Statutes of 2018 (Senate Bill No. 841)(h) Budget Act of 2018(1) Chapter 29 of the Statutes of 2018 (Senate Bill No. 840)(2) Chapter 30 of the Statutes of 2018 (Senate Bill No. 856)(3) Chapter 449 of the Statutes of 2018 (Senate Bill No. 862)(4) Chapter 1 of the Statutes of 2019 (Assembly Bill No. 72)(5) Chapter 35 of the Statutes of 2019 (Senate Bill No. 93)(i) Budget Act of 2019(1) Chapter 23 of the Statutes of 2019 (Assembly Bill No. 74)(2) Chapter 55 of the Statutes of 2019 (Senate Bill No. 106)(3) Chapter 80 of the Statutes of 2019 (Assembly Bill No. 110)(4) Chapter 363 of the Statutes of 2019 (Senate Bill No. 109)(5) Chapter 2 of the Statutes of 2020 (Senate Bill No. 89)(6) Chapter 9 of the Statutes of 2020 (Assembly Bill No. 75)(7) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(j) Budget Act of 2020(1) Chapter 6 of the Statutes of 2020 (Senate Bill No. 74)(2) Chapter 7 of the Statutes of 2020 (Assembly Bill No. 89)(3) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(4) Chapter 1 of the Statutes of 2021 (Senate Bill No. 89)(5) Chapter 4 of the Statutes of 2021 (Assembly Bill No. 85)(6) Chapter 14 of the Statutes of 2021 (Senate Bill No. 85)(7) Chapter 40 of the Statutes of 2021 (Senate Bill No. 147)(k) Budget Act of 2021(1) Chapter 21 of the Statutes of 2021 (Assembly Bill No. 128)(2) Chapter 43 of the Statutes of 2021 (Assembly Bill No. 161)(3) Chapter 69 of the Statutes of 2021 (Senate Bill No. 129)(4) Chapter 84 of the Statutes of 2021 (Assembly Bill No. 164)(5) Chapter 240 of the Statutes of 2021 (Senate Bill No. 170)(6) Chapter 2 of the Statutes of 2022 (Senate Bill No. 115)(7) Chapter 9 of the Statutes of 2022 (Senate Bill No. 119)(8) Chapter 44 of the Statutes of 2022 (Assembly Bill No. 180)SEC. 35. Section 65057 of the Government Code is amended to read:65057. (a) The California Initiative to Advance Precision Medicine is hereby established in the office. In establishing the initiative, the office shall incorporate agreements and partnerships regarding precision medicine entered into by the office prior to January 1, 2016.(b) (1) The office shall develop, implement, and evaluate demonstration or nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. A demonstration project may focus on one or more disease areas, and an award of funds under any appropriation of funds to the office for precision medicine shall be based on criteria that include, but are not limited to, the following:(A) The potential for tangible benefit to patients within two to five years, including the likelihood that the study will have an immediate impact on patients.(B) The depth and breadth of data available in the disease focus areas across institutions.(C) The prospects for efficient and effective data integration and analysis.(D) The expertise of potential team members.(E) The resources available for the project outside of the initiative, including the potential for leveraging nonstate funding.(F) The clinical and commercial potential of the project.(G) The potential to reduce health disparities.(H) The potential to scale and leverage multiple electronic health records systems.(I) The potential to develop the use of tools, measurements, and data, including publicly generated and available data.(2) A demonstration project that is selected by the office shall advance greater understanding in at least one of the following areas, or in another area that is determined by the office to be necessary to advance precision medicine:(A) The application of precision medicine to specific disease areas.(B) The challenges of system interoperability.(C) Economic analysis.(D) Standards for sharing data or protocols across institutions.(E) The federal and state regulatory environment.(F) The clinical environment.(G) Challenges relating to data, tools, and infrastructure.(H) The protection of privacy and personal health information.(I) The potential for reducing health disparities.(J) Methods and protocols for patient engagement.(3) The office shall develop concrete metrics and goals for demonstration projects, monitor their progress, and comprehensively evaluate projects upon completion.(4) (A) The office shall annually submit a report to the Legislature that provides an update of the demonstration projects selected. Upon completion of a demonstration project, the office shall submit an evaluation of the demonstration project to the Legislature. A demonstration project is deemed complete when it has completed the agreed upon tasks and deliverables, and the project funding has been completed.(B) A written report made pursuant to subparagraph (A) shall be made in compliance with Section 9795.(c) The office shall develop an inventory of precision medicine assets, including projects, data sets, and experts. In developing the inventory, the office shall assemble knowledge across broad disease areas. The office shall use the inventory to inform strategic areas for the future development of precision medicine-related projects.(d) The office may enter into agreements with public entities, or with nonprofit or not-for-profit organizations for the purpose of jointly administering the programs established under the initiative or to administer any provision of this section.(e) The office shall create and post on a publicly available internet website guidelines for an award of funds made under any appropriation of funds to the office for precision medicine. The guidelines shall include, but are not limited to, the following:(1) Eligibility requirements.(2) A competitive, merit-based application process that allows public and private academic and nonprofit institutions to submit proposals as principal investigators.(3) A comprehensive peer-reviewed selection process.(4) Requirements regarding the use of awarded funds.(5) Requirements regarding the use and sharing of research data and findings.(6) Requirements for the protection of privacy and personal health information.(f) The office shall solicit public, nonprofit, and private sector input for any additional guidelines for an award of funds made pursuant to this section.(g) The office shall establish standards that require a grant to be subject to an intellectual property agreement that balances the opportunity of the state to benefit from the patents, royalties, and licenses that result from basic research, therapy development, and clinical trials against the need to ensure that the agreement does not unreasonably hinder essential medical research.(h) The office may receive nonstate funds in furtherance of the initiative. In furtherance of the initiative means that funds may be used to award additional demonstration projects under the same terms and conditions as state funds in the initiative, held in reserve for follow-on funding of any awardees, or used to fund other nondemonstration project activities in a proportion no greater than 20 percent of the total of nonstate funds received over the term of the commitment. The office shall return unexpended nonstate funds to the source before January 1, 2026. June 30, 2029.(i) Up to 30 percent of any amount appropriated to the office for precision medicine may be held by the office until an equivalent amount of nonstate matching funds is identified and received. Amounts subject to nonstate match may be released in increments as determined by the office.(j) Up to 10 percent of any amount appropriated to the office for precision medicine for demonstration projects may be used by the office for administrative costs.(k) The office shall recruit a precision medicine expert selection committee to represent various precision medicine-related skills, such as bioinformatics, statistics, health economics, patient engagement, and genomics. The Legislature may make nominations for the selection committee to the office for consideration.(l) Members of the selection committee shall be deemed to not be interested in any contract, including any award of funds by the committee, pursuant to this section.(m) Prior to the selection committees deliberative process, the office shall notify the Legislature of the selection of the committee members.(n) The selection committee established in subdivision (k) shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except during the deliberative process as it relates to reviewing and ranking proposals and making final selections.(o) The selection committee shall report on the justification for selecting the demonstration projects that are awarded funding and provide a list of the demonstration projects that were not selected. This report shall be posted on the internet website created in subdivision (e).(p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the office may implement or interpret this article without taking any regulatory action.SEC. 36. Section 65059 of the Government Code is amended to read:65059. This article shall remain in effect only until January 1, 2026, June 30, 2029, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, June 30, 2029, deletes or extends that date.SEC. 37. Section 50834.5 is added to the Health and Safety Code, to read:50834.5. (a) The department may authorize advance payments on a contract or grant awarded under this chapter, to the extent permitted under federal law, in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed.SEC. 38. Section 50899.8 is added to the Health and Safety Code, to read:50899.8. (a) The department may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed.SEC. 39. Section 2673.1 of the Labor Code is amended to read:2673.1. (a) (1) To ensure that employees are paid for all hours worked, a garment manufacturer, contractor, or brand guarantor guarantor, who contracts with another person for the performance of garment manufacturing operations, shall be jointly and severally liable with any manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor, for all of the following:(A) The full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest, due to any and all employees who performed the manufacturing operations for any violation of this code.(B) The employees reasonable attorneys fees and costs pursuant to subdivision (e).(C) Civil penalties for the failure to secure valid workers compensation coverage as required by Section 3700.(2) Nothing in this section shall prevent or prohibit two or more parties, who are held jointly and severally liable under this section after a final judgment is rendered by the court, from establishing, exercising, or enforcing, by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of the other.(3) Nothing in this section shall prevent, prohibit, or limit the liability of garment manufacturers or contractors for damages and penalties owed to an employee due to violations of this section.(b) In addition to the liability imposed pursuant to subdivision (a), garment manufacturers and contractors shall be liable for the full amount of damages and penalties, including interest, due to any and all employees, for a violation of this code. Damages shall include liquidated damages in an amount equal to the wages unlawfully withheld, as set forth in Section 1194.2, and liquidated damages in an amount equal to unpaid overtime compensation due. If two or more persons are performing work at the same worksite, during the same payroll period, the liability of each person shall be limited to their proportionate share, as determined by the Labor Commissioner, pursuant to paragraph (3) or (4) of subdivision (d).(c) Employees may enforce this section solely by filing a claim with the Labor Commissioner against the contractor, the garment manufacturer, and the brand guarantor, if known, to recover unpaid wages and associated penalties. Garment manufacturers and brand guarantors whose identity or existence is unknown at the time the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (d).(d) Claims filed with the Labor Commissioner pursuant to subdivision (c) shall be subject to the following procedure:(1) Within 10 business days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall give written notice to the employee, the contractor, and the identified manufacturer and brand guarantors of the nature of the claim and the date of the meet-and-confer conference on the claim. Within 10 business days of receiving the claim, the Labor Commissioner shall issue a subpoena duces tecum requiring the contractor and any identified manufacturer and brand guarantor to submit to the Labor Commissioner those books and records as may be necessary to investigate the claim and determine the identity of any potential manufacturers and brand guarantors for the payment of the wage claim, including, but not limited to, invoices for work performed by any and all persons during the period included in the claim. Compliance with a request for books and records, within 10 days of the mailing of the notice, shall be a condition of continued registration pursuant to Section 2675. At the request of any party, the Labor Commissioner shall provide to that party copies of all books and records received by the Labor Commissioner in conducting its investigation.(2) Within 30 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall send a notice of the claim and of the meet-and-confer conference to any other person who may be a manufacturer or brand guarantor with respect to the claim.(3) Within 60 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall hold a meet-and-confer conference with the employee, the contractor, and all identified manufacturers and brand guarantors to attempt to resolve the claim. Prior to the meet-and-confer conference, the Labor Commissioner shall conduct and complete an investigation of the claim, shall make an assessment of the amount of wages, damages, penalties, expenses, and other compensation owed, and shall conduct an investigation and determine liability pursuant to subdivisions (a) and (b). At that same time, the Labor Commissioner shall also investigate and determine the proportionate liability pursuant to subdivision (b). The investigation shall include, but not be limited to, interviewing the employee and their witnesses and making an assessment of the amounts due, if any, to the employee. If an employee provides the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). An employees claim of hours worked, and wages, damages, penalties, expenses, and other compensation due, including the claim of liability of a brand guarantor or garment manufacturer upon provision by the employee of labels or other credible information about work performed for any person, shall be presumed valid and shall be the Labor Commissioners assessment, unless the brand guarantor, garment manufacturer, or contractor provides specific, compelling, and reliable written evidence to the contrary. That evidence from the brand guarantor, garment manufacturer, or contractor shall include accurate, complete, and contemporaneous records pursuant to Sections 226, 1174, and 2673, and the industrial commission wage order, including, but not limited to, itemized wage deduction statements, bona fide complete and accurate payroll records, evidence of the precise hours worked by the employee for each pay period during the period of the claim, and evidence, including a purchase order or invoice identifying the person or persons for whom garment manufacturing operations were performed. In the absence of the provision of that evidence, or the failure to timely respond to a subpoena pursuant to paragraph (1), a written declaration from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of validity of the workers claim and liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded.The Labor Commissioner shall present their assessment of the amount of wages, and each contractors or each garment manufacturers proportionate shares of damages and penalties, owed to the parties at the meet-and-confer conference and shall make a demand for payment of the amount of the assessment. If no resolution is reached, the Labor Commissioner shall, at the meet-and-confer conference, set the matter for hearing pursuant to paragraph (4).(4) The hearing shall commence within 30 days of, and shall be completed within 45 days of, the date of the meet-and-confer conference. The hearing may be bifurcated, addressing first the question of wages and other compensation owed, as well as liability of the garment manufacturers, brand guarantors, and contractors, and, immediately thereafter, the proportionate responsibility of the damages and penalties for which each contractor or garment manufacturer is liable, pursuant to subdivision (c). The Labor Commissioner shall present their findings and assessments at the hearing. Any party may present evidence at the hearing to support or rebut the proposed findings and assessments. If an employee has provided the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or provides other information or testimony that the Labor Commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer, for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). A written declaration or testimony from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. Except as provided in this paragraph, the hearing shall be held in accordance with the procedure set forth in subdivisions (b) to (h), inclusive, of Section 98. It is the intent of the Legislature that these hearings be conducted in an informal setting preserving the rights of the parties.(5) Within 15 days of the completion of the hearing, the Labor Commissioner shall issue an order, decision, or award with respect to the claim and shall file the order, decision, or award in accordance with Section 98.1.(e) If either the contractor, garment manufacturer, or brand guarantor refuses to pay the assessment, and the employee prevails at the hearing, the party that refuses to pay shall pay the employees reasonable attorneys fees and costs. If the employee rejects the assessment of the Labor Commissioner and prevails at the hearing, the contractor shall pay the employees reasonable attorneys fees and costs. The garment manufacturer and brand guarantor shall be jointly and severally liable with the contractor for the attorneys fees and costs awarded to an employee.(f) Any party shall have the right to judicial review of the order, decision, or award of the Labor Commissioner made pursuant to paragraph (5) of subdivision (d) as provided in Section 98.2. As a condition precedent to filing an appeal, the contractor, garment manufacturer, or brand guarantor, whichever appeals, shall post a bond with the Labor Commissioner in an amount equal to one and one-half times the amount of the award. No bond shall be required of an employee filing an appeal pursuant to Section 98.2. At the employees request, the Labor Commissioner shall represent the employee in the judicial review as provided in Section 98.4.(g) If the contractor, garment manufacturer, or brand guarantor appeals the order, decision, or award of the Labor Commissioner and the employee prevails on appeal, the court shall order the contractor, garment manufacturer, or brand guarantor, as the case may be, to pay the reasonable attorneys fees and costs of the employee incurred in pursuing their claim. If the employee appeals the order, decision, or award of the Labor Commissioner and the contractor, garment manufacturer, or brand guarantor prevails on appeal, the court may order the employee to pay the reasonable attorneys fees and costs of the contractor, garment manufacturer, or brand guarantor only if the court determines that the employee acted in bad faith in bringing the claim.(h) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provision of state or federal law. If a finding and assessment is not issued as specified and within the time limits in paragraph (3) of subdivision (d), the employee may bring a civil action for the recovery of unpaid wages pursuant to any other rights and remedies under any other provision of the laws of this state unless, prior to the employee bringing the civil action, the garment manufacturer or brand guarantor files a petition for writ of mandate within 10 days of the date the assessment should have been issued. If findings and assessments are not made, or a hearing is not commenced or an order, decision, or award is not issued within the time limits specified in paragraphs (4) and (5) of subdivision (d), any party may file a petition for writ of mandate to compel the Labor Commissioner to issue findings and assessments, commence the hearing, or issue the order, decision, or award. All time requirements specified in this section shall be mandatory and shall be enforceable by a writ of mandate.(i) The Labor Commissioner may enforce the joint and several liability of a garment manufacturer or brand guarantor described in this section in the same manner as a proceeding against the contractor. The Labor Commissioner may, with or without a complaint being filed by an employee, conduct an investigation as to whether all the employees of persons engaged in garment manufacturing are being paid all minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, and penalties due and, with or without the consent of the employees affected, commence a civil action to enforce joint and several liability described in this section. Prior to commencing such a civil action and pursuant to rules of practice and procedure adopted by the Labor Commissioner, the commissioner shall provide notice of the investigation to the garment manufacturer or brand guarantor and the employee, issue findings and an assessment of the amount of wages due, hold a meet-and-confer conference with the parties to attempt to resolve the matter, and provide for a hearing.(j) Except as expressly provided in this section, this section shall not be deemed to create any new right to bring a civil action of any kind for unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, penalties, attorneys fees, or costs against a brand guarantor, garment manufacturer, or contractor.(k) The payment of the wages provided in this section shall not be used as a basis for finding that the brand guarantor or registered garment manufacturer making the payment is a joint employer, coemployer, or single employer of any employees of a contractor that is also a registered garment manufacturer.(l) The Labor Commissioner may, in their discretion, revoke, deny, or suspend the registration under this part of any registrant that fails to pay, on a timely basis, any wages awarded pursuant to this section, after the award has become final. This subdivision is declaratory of existing law.(m) The Labor Commissioner may also enforce this section by issuing stop orders or citations. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) to (k), inclusive, of Section 1197.1.(n) Any statutory damages or penalties recovered or assessed in an action brought under this section shall be payable to the employee.SEC. 40. Section 2675.5 of the Labor Code is amended to read:2675.5. (a) The commissioner shall deposit seventy-five dollars ($75) of each registrants annual registration fee, required pursuant to paragraph (5) of subdivision (a) of Section 2675, into one separate account. Funds from the separate account shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any garment manufacturer, brand guarantor, or contractor.(1) In making these determinations, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages and benefits, interest, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee, determined to be due to a garment worker by a registered or unregistered garment business.(2) A disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner.(3) Any disbursed funds subsequently recovered by the Labor Commissioner, pursuant to an assignment of the claim to the commissioner for recovery, including recovery from a surety under a bond pursuant to Section 2675, or otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the separate account.(b) The remainder of each registrants annual registration fee not deposited into the special account pursuant to subdivision (a) shall be deposited in a subaccount and applied to costs incurred by the commissioner in administering the provisions of Section 2673.1, Section 2675, and this section, upon appropriation by the Legislature.SEC. 41. Section 2695.1 of the Labor Code is amended to read:2695.1. (a) In enacting this legislation, it It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders, as defined. sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation.(c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4.(d) For purposes of this section and Section 2695.2, sheepherder means an individual who is employed to do any of the following, including with the use of trained dogs:(1) Tend herds of sheep grazing or browsing on range or pasture.(2) Move sheep to and about an area assigned for grazing or browsing.(3) Prevent sheep from wandering or becoming lost. (4) Protect sheep against predators and the eating of poisonous plants. (5) Assist in the lambing, docking, or shearing of sheep. (6) Provide water or feed supplementary rations to sheep.SEC. 42. Section 2695.2 of the Labor Code is amended to read:2695.2. (a) (1) For a sheepherder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage adopted by the Industrial Welfare Commission on April 24, 2001. Any sheepherder who performs nonsheepherding, nonagricultural nonsheepherding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) After July 1, 2002, the amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to sheepherders under this subdivision. Every employer shall provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101, et seq.) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a sheepherder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the sheepherder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the sheepherder, an employer may deduct from the sheepherders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the sheepherder upon completion of the job.(c) No employer of sheepherders shall employ a sheepherder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the sheepherder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all sheepherders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for sheepherders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for sheepherders working on or at a machine.(f) After January 1, 2003, during times when a sheepherder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) After January 1, 2003, all sheepherders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) A means of communication through telephone or radio solely for use in a medical emergency affecting the sheepherder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the sheepherder may be charged for the actual cost of nonemergency telephone use. Nothing in this subdivision paragraph shall preclude an employer from providing additional means of communication to the sheepherder which are appropriate because telephones or radios are out of range or otherwise inoperable.(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, fifty one hundred dollars ($50) ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, one two hundred and fifty dollars ($100) ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of sheepherders shall post a copy of this part in an area frequented by sheepherders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to sheepherders upon request. Copies of this part shall be posted and made available in a language understood by the sheepherder. An employer is deemed to have complied with this subdivision if he or she the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, as adopted on April 24, 2001, updated pursuant to subdivision (c) of Section 2695.1, relating to sheepherders, provided that the posted material includes a sufficient summary of each of the provisions of this part.SEC. 43. Section 2695.3 is added to the Labor Code, to read:2695.3. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation.(c) On or before January 1, 2024, the labor commissioner shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on wage violations, including minimum wage and overtime, affecting sheepherders and goat herders.(d) For purposes of this section and Section 2695.4, goat herder means an individual who is employed to do any of the following, including with the use of trained dogs: (1) Tend herds of goats grazing or browsing on range or pasture.(2) Move goats to and about an area assigned for grazing or browsing.(3) Prevent goats from wandering or becoming lost.(4) Protect goats against predators and the eating of poisonous plants.(5) Assist in the ewing, docking, or shearing of goats.(6) Provide water or feed supplementary rations to goats.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 44. Section 2695.4 is added to the Labor Code, to read:2695.4. (a) (1) For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job.(c) No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine.(f) During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) All goat herders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) (A) A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802.(B) Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part.(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 45. Section 3111 of the Labor Code is amended to read:3111. (a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an apprenticeship program or eligible entity must submit to the division an application to request funds.(b) For each apprentice that is actively registered with the division for each 12-month period, an apprenticeship program or eligible entity is eligible to receive support funds in an amount determined by the division. In determining the amount, the division shall aim to provide support funds to as many eligible programs as possible and shall consider the amount of available support funds, the number of approved programs not within the jurisdiction of the council established pursuant to Section 3070, and the number of apprentices registered in those programs.(c) The eligible entity amount in subdivision (b) will shall be prorated on a monthly basis for apprentices who are actively registered for less than the 12-month period.SEC. 46. Section 3111.1 of the Labor Code is amended to read:3111.1. Eligible activities for support funds shall include, but are not limited to, all of the following:(a) Employer outreach, support, onboarding, and management.(b) Recruiting, matching, and placing individuals into apprenticeships.(c) Support services for an apprentice, such as interview coaching, conflict resolution, and life crisis management.(d) Retention initiatives to reduce the turnover rate of apprentices.(e) Tracking and reporting the apprentices to the division.(f) Troubleshooting and adjudicating stakeholders in a joint apprenticeship committee, a unilateral management apprenticeship committee, or a unilateral labor apprenticeship committee; and committee.(g) Project management and stakeholder management.SEC. 47. Section 3112 of the Labor Code is amended to read:3112. (a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational institution, or to apprenticeship programs. The funds shall be provided for each apprentice training hour at the rate described in subdivision (c).(b) If apprentice training costs are already being reimbursed pursuant to Section 8152, 79149.1, or 79149.3 of the Education Code, then those training costs shall be ineligible for reimbursement under this section.(c) The reimbursement rate for training reimbursed pursuant to this section shall be equivalent to the reimbursement rate established under Section Sections 8152 and 79149.3 of the Education Code.(d) Reimbursements may be made under this section for training provided to registered apprentices only if: if all of the following are true:(1) The training is provided by an approved program that is not within the jurisdiction of the council established pursuant to Section 3070; 3070.(2) The program is providing the training pursuant to a contract with a public educational institution; and institution.(3) An application for funding is submitted to the division.SEC. 48. Section 3122.3 of the Labor Code is amended to read:3122.3. The Youth Apprenticeship Grant Program will shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of Californias youth. To measure success towards that goal, the grant program will require: shall do both of the following:(a) Require grant recipients to collect, analyze, Collection, analysis, and reporting of report program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics.(b) Demographic Cross-tabulate demographic data will be cross tabulated with labor force participation data and enrollment data among the various demographic groups named above to assess parity in relation to the public K12 high school, community college, and four-year university graduating cohort demographic distribution. distribution, comparing program completion rates with the attainment of educational degrees across groups.SEC. 49. Section 4124.5 of the Public Resources Code is amended to read:4124.5. (a) The department shall establish a local assistance grant program for fire prevention and home hardening education activities in California. Groups eligible for grants shall include, but are not limited to, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified community conservation corps as defined in Section 14507.5, University of California Cooperative Extension, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects.(b) (1) The local assistance grant program shall establish a robust year-round fire prevention effort in and near fire threatened communities that focuses on increasing the protection of people, structures, and communities. To the maximum extent practicable, the grants shall be designed to be durable and adaptively managed so that while improving resiliency to wildfire, the projects, when on forest land, retain a mixture of species and sizes of trees to protect habitat values. The department shall prioritize, to the extent feasible, projects that are multiyear efforts.(2) For purposes of this subdivision, fire threatened communities means those communities in high and very high fire hazard severity zones, identified by the director pursuant to Section 51178 of the Government Code, or Article 9 (commencing with Section 4201) of this code, or on the Fire Risk Reduction Community list maintained by the board pursuant to Section 4290.1.(c) Eligible activities shall include, but not be limited to, all of the following:(1) Development and implementation of public education and outreach programs. Programs may include technical assistance, workforce recruitment and training, and equipment purchases.(2) Fire prevention activities as defined in Section 4124.(3) Projects to improve compliance with defensible space requirements as required by Section 4291 through increased inspections, assessments, and assistance for low-income residents.(4) Technical assistance to local agencies to improve fire prevention and reduce fire hazards.(5) Creation of additional Firewise USA communities in the state or other community planning or certification programs deemed as appropriate by the department.(6) Projects to improve public safety, including, but not limited to, access to emergency equipment and improvements to public evacuation routes.(7) Vegetation management along roadways and driveways to reduce fire risk. Where appropriate, the Department of Transportation shall be consulted if state infrastructure will be affected. Those projects shall remain consistent with paragraph (1) of subdivision (b).(8) Public education outreach regarding making homes and communities more wildfire resilient, including defensible space training.(9) Projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers.(10) Development of a risk reduction checklist for communities that includes defensible space criteria, structural vulnerability potential, and personal evacuation plans.(d) The department may consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local assistance grants.(e) (1) Until January 1, 2024, the director may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award. The director may authorize a greater amount, not to exceed 50 percent of either the total grant award or the cost of equipment, whichever amount is less, for the purpose of purchasing necessary equipment.(2) The grantee shall expend the funds from the advance payment within 6 months of receipt, unless the department waives this requirement.(3) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(f) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(f)(g) The department may expand or amend an existing grant program to meet the requirements of this section.(g)(h) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature.SEC. 50. Section 4208.1 of the Public Resources Code is amended to read:4208.1. (a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities.(b) (1) The department shall, upon an appropriation by the Legislature for these purposes, do both of the following:(A) (i) Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program.(ii) Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning.(B) Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(2) Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives:(A) Develop regional priority strategies that develop and support fire adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the Agreement for Shared Stewardship of Californias Forest and Rangelands and Californias Wildfire and Forest Resilience Action Plan.(B) Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration.(C) Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits.(D) Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure.(E) Develop outreach, education, and training as needed to facilitate and build capacity to implement this section.(F) Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection.(c) The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state.(d) To maximize the benefits of the program, the department shall do all of the following:(1) Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity.(2) Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects.(3) Assist regions in identifying potential funding sources for regional priorities.(4) Encourage the development of local cost share opportunities.(5) Publish and update on the departments internet website the following information related to implementation of the program:(A) A list of regional entities and eligible coordinating organizations funded by the program.(B) The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable.(C) A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(e) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.SEC. 51. Section 4799.05 of the Public Resources Code is amended to read:4799.05. (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.(2) (A) Until January 1, 2024, the director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.(B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.(ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.(ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.(iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(3) Until July 1, 2025, the director may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(b) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.(c) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:(1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.(2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this subparagraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.(3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this subparagraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.(d) (1) Division 13 (commencing with Section 21000) does not apply to prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321) if either of the following is satisfied:(A) The primary role of a state or local agency is providing funding or staffing for those projects.(B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.(2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).(3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.(4) Commencing December 31, 2019, and annually thereafter, the department shall report to the relevant policy committees of the Legislature the number of times the process in this subdivision was used.(5) (A) This subdivision shall remain operative only if the Secretary of the Natural Resources Agency certifies on or before January 1 of each year that the National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California have not been substantially amended on or after August 31, 2018.(B) Any CEQA exemption established under this subdivision shall continue in effect for those projects conducted under a National Environmental Policy Act record of decision, finding of no significant impact, or notice of exemption or exclusion that was issued prior to the date by which the Secretary determines that the National Environmental Policy Act or federal forest management laws were substantially amended.(6) This subdivision shall become inoperative on January 1, 2023.SEC. 52. Section 75245 is added to the Public Resources Code, to read:75245. (a) The council may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed.SEC. 53. Section 95.60 of the Revenue and Taxation Code is amended to read:95.60. (a) It is the intent of the Legislature in enacting this section to assist county assessors in performing property assessments with technology investments.(b) For purposes of this section, the following definitions apply:(1) Authority means a county assessors joint powers authority.(2) Department means the Department of Finance.(3) Lead county means a county designated by the department to accept program funds on behalf of an authority.(3)(4) Program means the County Assessors Grant Program, as established by this section.(c) (1) There is hereby established the County Assessors Grant Program, which shall be operative from July 1, 2022, to June 30, 2025, inclusive.(2) The program shall be administered by the Department of Finance.(3) Program funds shall be granted in a particular fiscal year only upon appropriation by the Legislature for the program in that fiscal year. However, an authority shall comply with the reporting requirement described in subdivision (g), regardless of appropriation, if the authority received program funds in the fiscal year preceding the report.(d) For the 202223 fiscal year, a county assessors joint powers authority may apply to the department, in the form and manner specified by the department. The application may also be in the form of a memorandum of understanding between the department and the authority.(1) The application or memorandum of understanding shall be due to the department by October 1, 2022.(2) (A) The department shall complete its review of an application or memorandum of understanding no later than November 1, 2022. The department shall approve the application or memorandum of understanding if it meets at least the following criteria:(i) A request for information technology-appropriate projects and programs related to the administration of the property tax system that includes the goals the authority seeks to achieve with the program funds.(ii) A description of the deliverables the authority will procure with the program funds, and a description of how those deliverables will be used to achieve the goals described in clause (i).(iii) A timeline for the completion of the deliverables specified in clause (ii) and for the achievement of the goals specified in clause (i).(iv) An assurance that all county assessors offices that request to participate in the projects and programs funded by the program will be afforded the opportunity to do so.(B) If an application or a memorandum of understanding that is missing any of the information described in clause (i) to (iv), inclusive of subparagraph (A), the department shall notify the applicant and the applicant shall provide the missing information within 15 days of notification. If the applicant fails to provide the missing information within the time period, the department shall deny the application or memorandum of understanding.(3) Upon approval, by November 15, 2022, the department shall determine the grant amount and shall notify the State Controllers Office to remit payment to the authority. lead county.(4) Notwithstanding paragraphs (1) to (3), inclusive, if the department denies an application or memorandum, the department may approve a revised application or memorandum submitted by the authority and modify the dates described in this subdivision as appropriate.(e) Upon receipt of the program funds, an authority shall, in the 202223 fiscal year and 30 days prior to expending any funds appropriated for the program, provide the department with a copy of all contracts executed with third-party entities for implementing or operating the program.(f) (1) An authority that receives funding in the 202223 fiscal year shall not be required to reapply for program funds for the 202324 and 202425 fiscal years if the 2023 and 2024 Budget Acts each contain a ten million dollar ($10,000,000) appropriation for purposes of the program.(2) The department may require the authority to submit an amended application or memorandum of understanding for the 202324 or 202425 fiscal years if the Budget Act for that fiscal year does not provide an appropriation for the program or if the appropriation is an amount other than ten million dollars ($10,000,000).(3) Program funds shall be remitted to the authority, if an application or memorandum is approved, by November 15, 2023, for the 202324 fiscal year and November 15, 2024, for the 202425 fiscal year. However, funds may be remitted at a later date, as appropriate, if an application or memorandum is not approved by November 1, 2023, or November 1, 2024, as applicable.(g) No later than October 1, 2023, and each October 1 thereafter until October 1, 2025, an authority that receives program funds shall report the following information to the department, in the form and manner specified by the department:(1) The total amount of program funds expended by the authority in the preceding fiscal year.(2) A description of the purposes for which program funds were expended in the preceding fiscal year, and the associated deliverables received by the authority or the participating counties.(3) A description of how the deliverables specified in paragraph (2) are in furtherance of the goals specified in the authoritys program application or memorandum of understanding.(4) A description of whether the authority is meeting the timeline specified in its application or memorandum of understanding.(5) Any corrections or changes to the information reported in the preceding annual reports, if any, and the reasons for those corrections or changes.(6) Upon the request of the department, the authority shall provide any supplemental information necessary to clarify the information contained in a report submitted pursuant to this subdivision.SEC. 54. Section 17141.5 is added to the Revenue and Taxation Code, to read:17141.5. (a) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, gross income does not include either of the following:(1) Any funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code).(2) Any funds from the trust account described in paragraph (1) that is withdrawn or transferred by an eligible youth.(b) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code) and any funds from a trust account that is withdrawn or transferred by an eligible youth shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052 and the Young Child Tax Credit pursuant to Section 17052.1.SEC. 55. Section 1095 of the Unemployment Insurance Code is amended to read:1095. The director shall permit the use of any information in the directors possession to the extent necessary for any of the following purposes, and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (a) to (e), inclusive:(a) To enable the director or the directors representative to carry out their responsibilities under this code.(b) To properly present a claim for benefits.(c) To acquaint a worker or their authorized agent with the workers existing or prospective right to benefits.(d) To furnish an employer or their authorized agent with information to enable the employer to fully discharge their obligations or safeguard their rights under this division or Division 3 (commencing with Section 9000).(e) To enable an employer to receive a reduction in contribution rate.(f) To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the verification or determination is directly connected with, and limited to, the administration of public social services.(g) To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance.(h) To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.(i) To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title 28 of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs the person, for filing under the normal procedures of that agency.(1) This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list identifying individuals applying for or receiving benefits.(2) The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs.(3) This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits.(4) The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony.(j) To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing.(k) To enable the Division of Labor Standards Enforcement in the Department of Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to Chapter 1 (commencing with Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of, the Labor Code.(l) To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.).(m) To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered.(n) To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been:(1) Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law.(2) Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information.(o) To provide an authorized governmental agency with any and all relevant information that relates to any specific workers compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For purposes of this subdivision, authorized governmental agency means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance. An authorized governmental agency may disclose this information to the State Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from reporting to any board or department the suspected misconduct of any licensee of that body.(p) To enable the Director of Consumer Affairs, or the directors representative, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code.(q) To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, reciprocal agreement means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals.(r) To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees.(s) To provide the State Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to Chapter 9 (commencing with Section 4775) of Division 4.5 of, and Chapter 2 (commencing with Section 7200) and Chapter 3 (commencing with Section 7500) of Division 7 of, the Welfare and Institutions Code.(t) To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations.(u) This section shall not be construed to authorize or permit the use of information obtained in the administration of this code by any private collection agency.(v) The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under Section 1128 or 1128.1 shall not be in violation of Section 1094 if the assessment is final. The disclosure may also include any of the following:(1) The total amount of the assessment.(2) The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment.(3) The facts that resulted in the charging of the penalty under Section 1128 or 1128.1.(w) To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to Section 7068 of the Business and Professions Code.(x) To provide any peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (i) when the requesting peace officer has been designated by the chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(y) To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations.(z) To enable the Chancellor of the California Community Colleges, in accordance with the requirements of Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(aa) To enable the Public Employees Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.(ab) To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(ac) To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations.(ad) (1) To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of:(A) Verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Medi-Cal Access Program provided pursuant to Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph.(B) Verifying or determining the eligibility of an applicant for, or a recipient of, federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, including federal tax credits and cost-sharing assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange.(C) Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to Section 100502 of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program.(2) The information provided under this subdivision shall be subject to the requirements of, and provided to the extent permitted by, federal law and regulations, including Part 603 of Title 20 of the Code of Federal Regulations.(ae) To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department of Motor Vehicles, for filing under the normal procedures of that division.(af) Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law.(ag) To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (c) of Section 69439 of the Education Code.(ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmates employment status and wage history shall be provided for a period of one year, three years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law.(ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs.(aj) (1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the Prison Industry Authority, the Employment Training Panel, and a chief elected official, as that term is defined in Section 3102(9) of Title 29 of the United States Code, to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and 14042 of this code and Sections 2032 and 2038 of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source.(2) The department shall do all of the following:(A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source.(B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision.(C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within 20 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the departments request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.(D) Make publicly available on the departments internet website all of the following:(i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A).(ii) The standard application developed pursuant to subparagraph (B).(iii) The timeframe for information request determinations by the department, as specified in subparagraph (C).(iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision.(v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial.(ak) (1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following:(A) Information provided pursuant to subdivision (i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(2) To enable the State Department of Developmental Services to obtain quarterly wage data and unemployment insurance claim data of consumers served by that department for the purposes of monitoring, program operation and evaluation, and evaluating employment outcomes, of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code.(3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations.(al) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21 (commencing with Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations.(am) (1) To enable the Joint Enforcement Strike Force as established by Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill 1464 of the 201112 Regular Session (Chapter 21 of the Statutes of 2012), to carry out their duties.(2) To provide an agency listed in subdivision (a) of Section 329 intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to Section 15925 of the Government Code.(an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations.(ao) To enable the Department of Fair Employment and Housing Civil Rights Department to carry out its duties, including ensuring compliance with Section 12999 of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (f) of Section 1094.(ap) To enable the Cradle-to-Career Data System, as established by Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to receive employment and earnings data and, as required of the director pursuant to Section 10871 of the Education Code, to provide information to the data system, to the extent permissible by federal laws and regulations.(aq) (1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with, Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations.(2) For purposes of this subdivision, the following definitions apply:(A) Commercial driver has the same meaning as defined in Section 2810.4 of the Labor Code.(B) Port drayage motor carrier has the same meaning as defined in Section 2810.4 of the Labor Code.(C) Short-haul trucking service has the same meaning as defined in Section 39682 of the Health and Safety Code.SEC. 56. Section 14531 of the Unemployment Insurance Code is amended to read:14531. (a) (1) There is hereby established within the Workforce Services Branch of the Employment Development Department, the Community Economic Resilience Fund Program, to build an equitable and sustainable economic recovery from the impacts of COVID-19 on Californias industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy.(2) The branch shall administer the Community Economic Resilience Fund Program. The program shall be governed by the provisions of this chapter.(b) (1) The program shall be administered by the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development. These three agencies shall be referred to as the Inter-Agency Leadership Team and shall jointly be responsible for planning, oversight, and decision-making, including, but not limited to all of the following:(A) Identifying the geographic boundaries of regions in a way that prioritizes economic recovery and transition strategies and is consistent with other state definition of regional economic and labor markets.(B) Creating program guidelines and evaluation metrics that, at a minimum, support federal reporting.(C) Designing a competitive grant structure for CERF investments.(D) Developing technical assistance and evaluation infrastructure.(E) Tracking and reporting progress and deliverables.(2) Program implementation shall be undertaken by the Workforce Services Branch of the Employment Development Department under the direction of the Inter-Agency Leadership Team. It is the intent of the Legislature that CERF be designed to build a more robust, sustainable, and equitable recovery across all sectors of Californias economy.(3) The Inter-Agency Leadership Team, as established in paragraph (1), shall develop policies for grant funds distributed in this chapter to fund regional programs and economic development strategies that directly complement state and federal infrastructure investments in multiple sectors, including housing, transportation, advanced energy, broadband, and natural resources, and connect, in each of those sectors, to any existing or emerging high road training partnerships. Policies and guidelines developed under this provision shall be made publicly available on the Labor and Workforce Development Agencys internet website.(4) (A) The Inter-Agency Leadership Team shall consist of the senior cabinet-level appointees, or their designees, representing the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development, with policy guidance from subject matter experts within those state entities.(B) The Inter-Agency Leadership Team shall be supported administratively by the Office of Planning and Research. Administrative support shall include support for convenings, meetings, agendas, gathering, analyzing and communicating stakeholder input, and summarizing guidelines for solicitations and providing this policy guidance to the Workforce Services Branch. The Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development shall sign memoranda of understanding or inter-agency agreements for purposes of confirming each of their roles and responsibilities in the Interagency Leadership Team.(c) (1) The program shall provide financial support to establish and support high road transition collaboratives in designing region- and industry-specific economic recovery and transition strategies. The program shall include a focus on those regions and communities most affected by the economic impact of COVID-19, as authorized in federal guidance, and whose economic distress has been exacerbated by COVID-19 and compounded by macroeconomic impacts, such as the global transition to carbon neutrality or the western region of the United States acute vulnerability to climate change impacts.(2) The program, through these collaboratives, shall support transparent and inclusive processes for shared problem solving to advance long-term prosperity and equity.(3) The collaboratives shall work directly with the community capacity-building programs initially established by Chapter 377 of the Statutes of 2018, pursuant to Part 3.6 (commencing with Section 71130) of Division 34 of the Public Resources Code, to support active and equitable community engagement.(4) The collaboratives shall include balanced representation from labor, business, community, government, and other stakeholders, including, but not limited to, economic development, philanthropy, education, and workforce partners to be designated in the program guidelines.(d) Planning grants shall be awarded on a competitive basis to establish and support at least one High Road Transition Collaborative per region in areas that have had disproportionate impacts due to COVID-19. The Inter-Agency Leadership Team shall establish evaluation criteria consistent with the state planning priorities established pursuant to Section 65041.1 of the Government Code and, if necessary, with any applicable guidelines for evaluation set out in the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations. The Inter-Agency Leadership Team shall establish additional criteria and detailed metrics in the program guidelines, consistent with the goals of the program outlined in subdivisions (b) and (c), including the following core activities:(1) Identify a skilled and impartial convener to build an inclusive planning table, as described in paragraph (4) of subdivision (h), and facilitate and collaborate with each designated partner entity to develop the transition plans, to solicit, consider, and respond to comments from collaborative members, and to provide equitable public participation and input.(2) Develop one or more regional and subregional economic recovery and transition plans addressing essential elements of a high road strategy, including economic diversification, industry planning, workforce development, and the identification and integration of current or supplemental safety net programs. This plan shall include industry cluster and labor market analysis, with actionable research and consultation from the University of California or other expert institutions, and focus on economic recovery, growth, and resilience across multiple sectors. The plans shall prioritize the creation of high-quality jobs and equitable access to them, and emphasize where possible the development of sustainable and resilient industries, such as renewable energy, energy efficiency, carbon removal, and zero-emission vehicles, advanced manufacturing, agriculture and forestry, and climate restoration and resilience.(3) Disseminate these transition plans to all interested parties. The plan or plans provided by each high road transition collaborative shall be made publicly available on the Labor and Workforce Development Agencys internet website.(e) (1) Implementation grants shall be awarded on a rolling and competitive basis. This grant program shall be structured to provide a small initial tranche of funding for economic diversification pilots with demonstrable high road elements in those regions already engaged in economic recovery and transition planning. The majority of funds shall be used to provide, through June 30, 2024, economic development grants on a rolling basis, informed by the work of high road transition collaboratives.(2) The grant recipients shall demonstrate a plan to fully spend or obligate by December 31, 2024, all funds received pursuant to this subdivision, and shall pay all obligations by December 31, 2026.(3) The implementation grants shall also meet all of the following requirements:(A) Support work prioritized through the high road transition collaborative planning process with the high road intent of this program.(B) Demonstrate support of the regional intermediary and alignment with the high road transition collaborative plan.(C) Support labor standards where applicable, such as prevailing wage, project labor agreements, or community workforce agreements.(D) Address geographic equity, accounting for differences in urban, suburban, rural, and tribal communities, and emphasize investment in underserved jurisdictions.(E) Organize strategies by industry or geography, or both, within and across regions, with the potential to focus on regionwide strategies or on one or more specific priority projects within a region.(F) Include a range of activities related to economic diversification, including, but not limited to, creating innovation hubs for key growth industries, expanding incubator or accelerator programs that provide technical assistance for small business owners to connect to larger industry clusters, and other projects and activities that advance a high road economy.(G) Coordinate with, advance, and complement, without supplanting, state and federal infrastructure investments.(H) Align with regional workforce needs by linking directly to high road training partnerships or high road construction careers training programs wherever such partnerships exist or emerge in the region.(f) The Labor and Workforce Development Agency, working with the Office of Planning and Research, and the Governors Office of Business and Economic Development, shall manage the design and operation of all program solicitation and award processes, including the administration of and accountability for both the planning and implementation grants. The Workforce Services Branch shall manage funds and contracts under direction of the Inter-Agency Leadership Team. This includes, but is not limited to, all of the following:(1) Solicitation, management and execution of all grants and contracts, based on guidelines developed by the Inter-Agency Leadership Team.(2) Oversight and monitoring for fiscal integrity.(3) If necessary and as applicable, federal reporting and compliance consistent with the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations.(4) Quarterly reporting to the Inter-Agency Leadership Team.(5) Beginning December 31, 2022, annual reporting to the Joint Legislative Budget Committee and the applicable Senate and Assembly budget subcommittees. The report shall include a detailed summary of grants awarded, fiscal and federal compliance, and progress on individual program objectives and related high road metrics, including equity, inclusivity, job quality, and sustainability, as designated in program guidelines and assessed by inter-agency program staff.(6) Commencing June 31, 2023, supplemental annual reporting to the Legislature, in accordance with Section 9795 of the Government Code, that includes a concise written discussion, based on the experience and expertise of the Inter-Agency Leadership Team and program staff, describing key findings on regional trends in sustainable economic recovery, and common challenges in the development and implementation of high road transition strategies.(7) Procurement of a comprehensive third-party evaluation to be completed, with guidance and oversight from the Inter-Agency Leadership Team, no less than six months after all available outcome data is available.(g) All CERF grantees shall fulfill the outcome and reporting requirements required by this chapter as established by the Inter-Agency Leadership Team and, if applicable, as required by the federal American Rescue Plan Act of 2021, United States Department of the U.S. Treasury guidance and regulations, and fiscal oversight by the Employment Development Department. In addition to and in alignment with paragraphs (5) and (6) of subdivision (f), these reporting requirements shall include:(1) A detailed analysis of grantee challenges and achievements, whether relating to convening an inclusive regional planning process, developing a comprehensive high road recovery plan, or implementing a strategy to create high road jobs. This shall include measurable progress toward target outcomes, including job creation, increase in number of jobs per region, average increases in hourly wages of entered employed individuals placed in jobs, job retention, number of individuals impacted through services, such as training, supportive services, or job placement, as enumerated in CERF guidelines and individual contracts in accord with each of the above jurisdictions.(2) A more general discussion of the challenges and opportunities of designing and implementing a high road transition vision in a particular place or industry. At a minimum, grantees shall report the number and types of stakeholders directly involved in CERF planning or investing, the nature and extent of their participation, and related efforts to build capacity among community, labor, local government, or other key stakeholder groups.(h) For the purposes of this chapter, the following definitions apply:(1) CERF shall mean the Community Economic Resilience Fund Program.(2) High road has the same meaning as used in subdivision (r) of Section 14005.(3) High road construction careers has the same meaning as used in subdivision (t) of Section 14005.(4) High road transition collaboratives or collaboratives are broad-based regional groups convened by a skilled and impartial intermediary to plan for economic recovery and a sustainable and equitable economic future. These collaboratives shall prioritize equity, sustainability, and job quality, and advance a shared prosperity where workers and communities across Californias diverse regions share equally in the benefits of a carbon-neutral future. Minimum membership and representation shall be as described in subdivision (c).(5) High road training partnerships has the same meaning as used in subdivision (s) in Section 14005.(i) Until July 1, 2025, the administering agency may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(i)(j) All criteria, guidelines, and policies developed for the administration of the program shall be exempt from the rulemaking provisions of the Administrative Procedures Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(j)(k) This chapter shall become operative when an appropriation is made by the Legislature for the purposes of carrying out the provisions of this chapter. The branch shall post notice of the appropriation on the home page of its internet website and send notice of the appropriation to the Legislative Counsel.SEC. 57. Chapter 16.1 (commencing with Section 18997.5) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 16.1. The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act18997.5. (a) This chapter shall be known, and may be cited, as the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act.(b) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program is hereby established for the purpose of providing an eligible child with a trust account pursuant to this chapter.(c) This chapter shall be construed liberally in order to effectuate its legislative intent of creating opportunities, economic autonomy, and hope, and to promote intergenerational wealth and asset building for an eligible child and eligible youth as one of the many strategies California must employ to reverse our states record level of inequality. The purposes of this chapter and all of its provisions with respect to the powers granted shall be broadly interpreted to effectuate that intent and those purposes and not as to any limitation of powers.18997.51. For purposes of this chapter, the following definitions shall apply:(a) Account, trust account, or HOPE trust account, means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account in the name of an eligible child or eligible youth.(b) Board means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program Board established pursuant to Section 18997.52.(c) Department means the State Department of Social Services.(d) Eligible child means a minor resident of California who is under 18 years of age, has not emancipated from their parent, Indian custodian, or legal guardian, and meets one of the following qualifications:(1) They reside in California and their parent, Indian custodian, or legal guardian died during the federally declared COVID-19 public health emergency, and the cause of death for the parent, Indian custodian, or legal guardian is listed as COVID-19 on their death certificate or they died as a consequence of having long-term COVID-19, and the minors family household income, considering the income prior to the death of the parent, is at or below the income that would make the child eligible for Medi-Cal benefits under Chapter 7 (commencing with Section 14000) of Part 3. For purposes of this paragraph, family household means one or more persons, all of whom are related by marriage, birth, adoption, or guardianship, and federal poverty level means the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code.(2) (A) A foster child who resides in California, or is a California resident who is placed out of state by a juvenile or tribal court, and meets both of the following:(i) The child has been adjudged a dependent child of the juvenile court on the grounds that the child is a person described by Section 300, or the child has been adjudged a ward of the juvenile court on the grounds that the child is a person described by Section 601 or 602, or the child is a dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal courts jurisdiction in accordance with the tribes law and the tribe has notified the department about the child's status as a dependent child under the tribal court. The department shall not require an Indian tribe, consortium of tribes, tribal organization, or tribal court representative to notify the department of any child who is a dependent of the tribal court.(ii) The child meets one of the following:(I) The child is subject to a foster care order, has been in foster care for at least 18 months, and reunification services have been terminated by an order of a juvenile or tribal court.(II) The child is subject to a foster care order after 16 years of age, and reunification services have been terminated by an order of a juvenile or tribal court.(B) Notwithstanding clause (ii) of subparagraph (A), if the child reunifies with their parent or legal guardian, is adopted, enters into a tribal customary adoption, or is placed into a legal guardianship, at any point in time subsequent to meeting the qualification specified in clause (i) of subparagraph (A), the child shall remain an eligible child and program enrollee and shall be able to access their HOPE trust account, but shall no longer be eligible for annual contributions effective 12 months following the date of reunification, adoption, or legal guardianship, or until the child reaches 18 years of age, whichever is sooner.(e) Eligible youth means a program enrollee for whom a HOPE trust account was established and who is now eligible to withdraw or transfer funds from their HOPE trust account.(f) Fund means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund created pursuant to Section 18997.53.(g) HOPE Trust Account Program or program means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program established pursuant to the this chapter.(h) Program enrollee means an eligible child who has been enrolled in the program and whose parent, Indian custodian, or legal guardian has not opted the child out of program participation, and an eligible youth who was enrolled as an eligible child in the program and has not terminated their participation.18997.52. (a) (1) There is hereby created within state government the California Hope, Opportunity, Perseverance and Empowerment (HOPE) for Children Trust Account Program Board, which shall consist of nine members, as follows:(A) The Treasurer, or their designee, who shall serve as the chair.(B) The Director of Finance, or their designee.(C) The Controller, or their designee.(D) An individual with expertise in poverty alleviation and the racial wealth gap appointed by the Senate Committee on Rules.(E) An individual with investment expertise appointed by the Speaker of the Assembly.(F) An individual with expertise on financial empowerment and consumer protection appointed by the Governor.(G) A public member who has experienced childhood poverty appointed by the Governor.(H) Two additional nonvoting members appointed by the Governor.(2) Members of the board appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall serve at the pleasure of the appointing authority.(b) All members of the board shall serve without compensation. Members of the board shall be reimbursed for necessary travel expenses incurred in connection with their board duties.(c) Board members and other staff of the board shall not do any of the following:(1) Directly or indirectly have any interest in the making of any investment made for the program, or in the gains or profits accruing from any investment made for the program.(2) Borrow any funds or deposits of the HOPE trust accounts, or use those funds or deposits in any manner, for themselves or as an agent or partner of others.(3) Become an endorser, surety, or obligor on investments by the board.(d) The board and staff, including contracted administrators and consultants, shall discharge their duties as fiduciaries with respect to the HOPE trust accounts solely in the interest of the program enrollees as follows:(1) For the exclusive purposes of providing benefits to program enrollees and defraying reasonable expenses of administering the program.(2) By investing with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.(e) The board, subject to its authority and fiduciary duty, and in consultation with the advisory workgroup established pursuant to Section 18997.54, shall administer the program and the funds appropriated for the program in alignment with the intent of the Legislature to create opportunities, economic autonomy, and hope, and to promote wealth and asset building for an eligible child and eligible youth to address Californias record levels of inequality.(f) The HOPE trust accounts are an instrumentality of the state. Any security issued, managed, or invested by the board within the HOPE trust accounts on behalf of a program enrollee shall be exempt from Sections 25110, 25120, and 25130 of the Corporations Code.(g) To achieve the functions specified in this section, the board shall have the power and authority to do all of the following:(1) Make and enter into contracts necessary for the administration of the program.(2) Adopt a seal and change and amend it from time to time.(3) Cause moneys in the HOPE trust accounts to be held and invested and reinvested.(4) (A) Accept any grants, gifts, legislative appropriation, and other moneys from the state, any unit of federal, state, or local government, or any other person, firm, partnership, philanthropic entity, or corporation for deposit to the HOPE Trust Account Fund.(B) The board shall provide a way for grants, gifts, appropriations or other moneys to the HOPE Trust Account Program to be made in any amount and with the ability to have the funds targeted to specific subgroups, as defined by the entity giving, granting, or appropriating the funds, provided that they are not limited in such a way that would conflict with the intent of the Legislature in establishing the program.(5) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the Treasurer. The Treasurer shall determine the duties of the executive director and other staff, as appropriate, and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board.(6) Make provisions for the payment of costs of administration and operation of the program.(7) Employ staff.(8) Retain and contract with private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals, as necessary.(9) Procure insurance against any loss in connection with the property, assets, or activities of the trust.(10) Procure insurance indemnifying each member of the board from personal loss or liability resulting from a members action or inaction as a member of the board.(11) Cause expenses incurred to initiate, implement, maintain, and administer the program to be paid from deposits to, or investment returns or assets of, the program or arrangements established under the program, to the extent permitted under state and federal law.(12) Carry out the duties and obligations of the program pursuant to this chapter and exercise any and all other powers as appropriate for the effectuation of the purposes, objectives, and provisions of this chapter pertaining to the program.(h) The board may adopt regulations to implement this chapter consistent with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).18997.53. (a) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act of 2021 (Public Law 117-2), moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the HOPE Trust Account Program Board for implementation of the program.(b) (1) The Treasurer may do both of the following:(A) Invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code.(B) Deposit moneys in the fund for investment in the Surplus Money Investment Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.(2) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.(c) Moneys in the fund shall be used to establish HOPE trust accounts for an eligible child and to provide initial deposits and any future deposits into the accounts.(d) Of the total moneys continuously appropriated for purposes of the program, up to 5 percent shall be available to administer the HOPE Trust Account program, including the costs associated with convening the advisory committee and reporting to the Legislature. The board shall submit a written annual expenditure plan detailing proposed uses of funding to the Department of Finance and the Joint Legislative Budget Committee by October 1 of every year. To the extent the boards administrative costs will or are projected to exceed 5 percent, the board shall submit a written request, in addition to the annual expenditure plan, for the release of additional funding for administrative costs and the necessity to exceed 5 percent to the Department of Finance and the Joint Legislative Budget Committee. The Department of Finance may provide funds for administration of the program that exceed 5 percent, not sooner than 30 days after notifying, in writing, the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, or the chairpersons designee.(e) All assets of the fund and moneys allocated to individual HOPE trust accounts shall be considered to be owned by the state until an eligible youth withdraws or transfers money from their HOPE trust account.(f) To the extent allowed under federal law, because it shall be considered an asset of the state until withdrawn or transferred by an eligible youth, all of the following apply to funds deposited and investment returns accrued in a HOPE trust account established pursuant to this chapter:(1) It is nontransferable to any person other than the eligible youth, and only as permitted pursuant to this chapter.(2) It shall not be pledged as collateral for any loan.(3) It may be subject to a lien.18997.54. (a) On or before February 1, 2023, the Treasurer shall convene the California Hope, Opportunity, Perseverance and Empowerment (HOPE) Advisory Workgroup to work in coordination with the board on the program design, including, but not limited to, data sharing with relevant governmental agencies and departments, outreach to families of an eligible child and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts.(b) The advisory workgroup shall invite participation in the workgroup from the following entities:(1) Representatives from the California Health and Human Services Agency, the State Department of Social Services, the State Department of Public Health, the State Department of Health Care Services, and the Department of Corrections and Rehabilitation.(2) Community stakeholders with knowledge and experience in poverty alleviation, youth development, access to banking for underbanked individuals, asset building, race-wealth gap, consumer protections, and wealth coaching.(3) Representatives of county human services agencies.(4) The exclusive representatives of county child welfare workers.(5) Tribal leaders and representatives of tribal service providers, tribal advocates, and tribal members.(6) Representatives of the foster youth advocacy community with personal experience in the foster system.(c) The workgroup shall specifically focus on, but need not be limited to, all of the following:(1) Who is included as an eligible child and eligible youth under this chapter, including the ability to include individuals without social security numbers or individual tax identification numbers, the responsible agency for determining eligibility, and estimates of likely program enrollees by year.(2) Necessary available data and data sharing agreements needed between government entities to meet the requirements of this chapter.(3) Application of appropriate privacy protections under state and federal law in the identification of, and outreach to, an eligible child and eligible youth.(4) Acceptable investment products, strategies, risk guidelines, and management requirements to ensure a balance between safety of the principal, liquidity, and expected yield or return.(5) Actuarial estimates of the amount of investment per program enrollee and the range of financial outcomes.(6) Effective outreach strategies to ensure accounts are established for the maximum amount of children who may be an eligible child and moneys are drawn down by eligible youth when available.(7) Determination of necessary administrative components, such as information technology services, recordkeeping, and other services, as well as the ability to use state agency resources or the need for third-party administrators.(8) Additional areas determined as critical to the implementation of the program, as identified during the course of the workgroup.(9) Timelines for implementation of this chapter.(d) The advisory workgroup may consult with additional experts, as necessary, to inform their recommendations.18997.55. On or before February 1, 2024, the board shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, that includes, at a minimum, recommendations of the board on all of the following:(a) A detailed plan for implementing the program and establishing and maintaining HOPE trust accounts for an eligible child or eligible youth that maximizes their participation and their autonomous wealth-building capacity.(b) The anticipated number of HOPE trust accounts to be opened and initial deposit amounts.(c) A description of the efforts to be used to solicit philanthropic or nonstate moneys to support the program.(d) Further statutory and budget allocations.SEC. 58. Section 106 of Chapter 73 of the Statutes of 2021 is amended to read:SECTION 106. (a) The total sum of eight hundred twenty-two million four hundred thousand dollars ($822,400,000) is hereby appropriated from the General Fund and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes:(1) (A) For the 202122 fiscal year, four hundred thirty-one million four hundred thousand dollars ($431,400,000).(B) Of the amount specified in subparagraph (A), three hundred million dollars ($300,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.(v) To assist in the development of a forum that represents communities across California impacted by the Department of Toxic Substances Controls programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of Toxic Substances Control and the Board of Environmental Safety.(vi) To implement Section 25135 of the Health and Safety Code in the 202122 fiscal year.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(2) (A) For the 202223 fiscal year, two hundred million dollars ($200,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(3) (A) For the 202324 fiscal year, one hundred ninety-one million dollars ($191,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to ninety-one million dollars ($91,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(b) (1) All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee.(2) Notwithstanding any other law, the funding appropriated in this subdivision shall be available for encumbrance for three fiscal years after the fiscal year in which the funds are released.(c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites.(e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located.(f) This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a).(g) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code.(2) Paragraph (1) shall not apply to moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a).SEC. 59. The General Fund loan provided to pay for the cost of the FISCal system in the amount of thirty-seven million six hundred fifty thousand dollars ($37,650,000), pursuant to Section 38 of Chapter 751 of the Statutes of 2008 (former Section 15849.28 of the Government Code), is forgiven.SEC. 60. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 61. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 62. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.SECTION 1.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022. |
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| 3 | | - | Amended IN Assembly August 27, 2022 Amended IN Assembly February 15, 2022 Amended IN Assembly June 27, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 137Introduced by Committee on Budget and Fiscal Review January 08, 2021An act relating to the Budget Act of 2022. An act to amend Sections 6013.5.5, 8017, 8018, 8020, and 8024 of, to add Sections 8017.5 and 8024.8 to, and to repeal Section 8016.5 of, the Business and Professions Code, to amend Sections 100000.5, 100002, and 100013 of the Financial Code, to add and repeal Section 1357 of the Fish and Game Code, to amend Sections 7903, 11852, 11854, 11860, 11862, 11880, 11890, 11892, 11894, 12803.2, 12815, 15849.1, 16344, 65057, and 65059 of, to amend the heading of Article 2 (commencing with Section 11860) of Chapter 10 of Part 1 of Division 3 of Title 2 of, to add Sections 11856, 11865, and 11868 to, to add and repeal Section 11019.1 of, to repeal Section 13300.5 of, and to repeal, add, and repeal Section 11864 of, the Government Code, to add and repeal Sections 50834.5 and 50899.8 of the Health and Safety Code, to amend Sections 2673.1, 2675.5, 2695.1, 2695.2, 3111, 3111.1, 3112, and 3122.3 of, and to add and repeal Sections 2695.3 and 2695.4 to, the Labor Code, to amend Sections 4124.5, 4208.1, and 4799.05 of, and to add and repeal Section 75245 of, the Public Resources Code, to amend Section 95.60 of, and to add Section 17141.5 to, the Revenue and Taxation Code, to amend Sections 1095 and 14531 of the Unemployment Insurance Code, to add Chapter 16.1 (commencing with Section 18997.5) to Part 6 of Division 9 of the Welfare and Institutions Code, and to amend Section 106 of Chapter 73 of the Statutes of 2021, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.LEGISLATIVE COUNSEL'S DIGESTSB 137, as amended, Committee on Budget and Fiscal Review. Budget Act of 2022. State government.(1) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. The State Bar is governed by a board of trustees, composed as prescribed, including a maximum of 6 public members who have never been licensees of the State Bar or admitted to practice before any court in the United States. Existing law subjects these public members to specified conflict-of-interest provisions, including prohibiting a public member from having, currently or within the 5 years immediately preceding their appointment, a prescribed relationship as or with an employer of a licensee of the board or a prescribed contractual relationship with a licensee of the board.This bill would exempt public members of the board of trustees from those prohibitions.(2) Existing law establishes the Court Reporters Board of California to license and regulate shorthand reporters, and defines the practice of shorthand reporting as the making by means of written symbols or abbreviations in shorthand or machine shorthand, of a verbatim record of any oral court proceeding, deposition, or proceeding before any grand jury, referee, or court commissioner, and the accurate transcription thereof. A violation of the provisions regulating shorthand reporters is a misdemeanor.Existing law prohibits the board from issuing a certificate for the practice of shorthand reporting by means of voice writing or voice recognition technology.This bill would repeal that provision and would define voice writing as a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. The bill would expand the definition of the practice of shorthand reporting to include the making, by means of written symbols or abbreviations by voice writing of a verbatim record and the accurate transcription thereof, as specified, and make conforming changes to related provisions that specify the qualifications for admission to an examination required for a certificate. The bill would require the board to treat certificate holders equally regardless of the method of qualification and prohibit public employers from differentiating among certificate holders based upon the method of qualification, as specified.Existing law establishes that a person who holds a valid certificate as a shorthand reporter shall be known as a certified shorthand reporter, and prohibits any other person, except as specified, from using that title or any words or symbols that indicate or tend to indicate that they are a certified shorthand reporter.This bill would further specify that use of the words stenographer, or reporter, or of the phrases court reporter, deposition reporter, or digital reporter, in combination with words or phrases related to the practice of shorthand reporting, indicates, or tends to indicate, certification as a shorthand reporter. The bill would require the board to indicate on each certificate issued whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both, as specified, and would prohibit a certified shorthand reporter from providing shorthand reporting services other than by using the methodology indicated on their certificate.By changing the scope of an existing crime, the bill would impose a state-mandated local program.(3) Existing law, the Debt Collection Licensing Act (DCLA), prohibits a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation. The DCLA requires the commissioner to allow any debt collector that submits an application before January 1, 2022, to operate pending the approval or denial of the application. The DCLA requires the Department of Justice to transmit fingerprint images and related information received from the Commissioner of Financial Protection and Innovation to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check and requires the Department of Justice to review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the commissioner, as prescribed.This bill would require the commissioner to allow any debt collector that submits an application before January 1, 2023, to operate pending the approval or denial of the application. The bill would also authorize the commissioner to issue a conditional license to an applicant pending the receipt and review of the fingerprint images and related information, as described above. The bill would require a conditional license to expire under certain conditions, including upon issuance of an unconditional license.Existing law, the DCLA, authorizes the commissioner to deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application and requires the commissioner to notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner is required to deem the application abandoned.This bill would revise the above-described notification to instead provide that the commissioner is authorized to deem the application abandoned.(4) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines appropriations subject to limitation of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines appropriations subject to limitation of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law generally defines the term state subventions for these purposes as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention. However, for fiscal years commencing with the 202021 fiscal year, existing law defines state subventions to additionally include money provided to a local agency pursuant to certain state programs and requires that money to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would instead require the additional money included in state subventions by the provision described above to be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of the above-described provisions relating to the definition of state subventions, and the full appropriations limit of the local agency, as prescribed. The bill would also make various technical and conforming changes.(5) Existing law, the Financial Information System for California (FISCal) Act, requires the Department of Finance, the Controller, the Department of General Services, and the Treasurer to collaboratively develop, implement, and utilize a single integrated financial management system for the state, as prescribed. The act establishes the Department of FISCal within the Government Operations Agency, as prescribed, and requires the Department of FISCal and the FISCal project office to exist concurrently during the phased implementation of the system. The act requires the Department of FISCal to incrementally assume responsibility of the system functionality as portions of the system are implemented and accepted. The act, upon full implementation of the system, requires the Department of FISCal to supersede the FISCal project office and perform all administration, maintenance, and operation of the system.This bill would revise and recast those provisions relating to the development and implementation of the system to instead relate to the development of enhancements to the system, and would remove references to the FISCal project office from the act. The bill would modify the powers and duties of the Department of FISCal by, among others, requiring on or before July 1, 2032, completion of specified roadmap activities, including working with the Department of Finance, the Controller, the Department of General Services, and the Treasurer to identify and implement additional products, interfaces, and add-ons to the system to enhance business transactions. The bill would make various changes to the system requirements, including expanding the systems state transparency component to allow the public to additionally have access, as specified, to information regarding nongovernmental cost fund expenditure data.Existing law requires the Department of Finance to report to the Legislature, on or before October 31 of each year beginning in 2020, specified information regarding the system, including an executive summary and overview of the systems status.This bill would instead require the Department of FISCal to provide these reports, as revised, on or before October 31, 2023, and annually thereafter. The bill would additionally require the Department of FISCal, commencing October 31, 2023, and biennially thereafter, to report on the status of planning for roadmap activities described above, as specified.The FISCal Act requires, throughout the development of, and until the completion of, the system, the California State Auditors Office to independently monitor the system as the California State Auditor deems appropriate, including monitoring the contract for independent project oversight and independent verification and validation services relating to the system.This bill would impose specified evaluation and reporting requirements on the Controller to facilitate the integration of the states accounting book of record, as specified. The bill would instead require the California State Auditors Office to monitor and report annually to the Legislature regarding the Controllers progress toward transitioning the states accounting book of record to the system and regarding the Department of FISCals completion of the roadmap activities described above, as specified.Existing law establishes several funds in the State Treasury relating to FISCal, including the FISCal Internal Services Fund, which pays the costs of development, implementation, and other approved costs of the system. Former law authorized the Department of Finance to authorize loans from the General Fund to pay for the cost of the FISCal system, as specified.This bill would forgive a specified General Fund loan provided to FISCal in a specified amount.(6) Existing law identifies the bills constituting each budget act from the Budget Act of 2011 through the Budget Act of 2020.This bill would identify the bills constituting the Budget Act of 2021.(7) Existing law establishes within the Government Operations Agency the Office of Digital Innovation led by the Director of the Office of Digital Innovation who is required to be appointed by, and serve at the pleasure of, the Governor. Existing law authorizes the Governor to appoint people to the office who are exempt from civil service and limits the total number of exempt positions in the office to 20. Existing law specifies that the offices mission shall be to deliver better government services to the people of California through technology and design and charges the office with fulfilling that mission by, among other things, collaborating with state entities to transform government services by measurably improving services using a deliberate, user-focused approach. Existing law creates the Digital Innovation Services Revolving Fund within the State Treasury and administered by the director, to receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. Existing law authorizes the office to collect payments from state entities for providing services to client entities and requires the Controller to transfer amounts authorized by the office to the fund, as specified.This bill would change the name of the office to the Office of Data and Innovation, the name of the director to the Director of the Office of Data and Innovation, and the name of the fund to the Data and Innovation Services Revolving Fund. The bill would provide that, effective July 1, 2023, the office shall operate as a standalone entity that reports to the Government Operations Agency, as specified. The bill would change the mission of the office to that of delivering better government services to the people of California through technology and service innovation, data, and design and would revise the methods by which the office is required to fulfill that mission to include, among other things, using data-informed practices to measurably improve services. The bill would make the appointment of the director subject to confirmation by the Senate and would increase the number of exempt positions in the office to 22. The bill would also establish a Chief Data Officer in the office who would report to the director and be responsible for data practices within the state with an overarching goal to improve government data use. The bill would remove the authority of the office to collect payments from state entities for providing services to client entities and make other conforming changes.(8) The State Building Construction Act of 1955 authorizes the State Public Works Board, among other things, to construct public buildings, contract with other state agencies for the use of real property upon which to construct a public building, fix, alter, charge, and collect rentals and other charges for the use of public buildings or for the services rendered by the board, and issue certificates or revenue bonds to obtain funds to pay the cost of public buildings. The act requires all money received by the board to be deposited to the credit of the Public Buildings Construction Fund and requires subfunds, accounts, and subaccounts to be maintained within the fund for the operation of the board and the performance of its obligations as provided in the applicable resolution, indenture, or other agreement. Existing law also creates within the Public Buildings Construction Fund an Expense Account for the deposit of amounts received by the board from various sources and continuously appropriates from the Expense Account to the board the amount necessary to pay for administrative expenses and costs associated with implementation of the act.Existing law continuously appropriates any amount not to exceed the amount of unsold bonds that the board has, by resolution, authorized to be sold for carrying out this act from the General Fund to the Director of Finance, who is authorized to direct that any portion of that amount be deposited into a special account in the Public Buildings Construction Fund, to be used for financing the construction of public buildings, as prescribed. Existing law requires any amounts made available from the General Fund under this provision to the board to be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings. Existing law also requires these amounts to be repaid to the General Fund with interest at the rate that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Found.This bill would also authorize the board, in the above circumstances, to repay amounts to the General Fund from any other lawfully available source of funds.(9) Existing law establishes, until January 1, 2026, the California Initiative to Advance Precision Medicine in the Office of Planning and Research and requires the office to, among other things, develop, implement, and evaluate demonstration projects on precision medicine, as described, in collaboration with public, nonprofit, and private entities. Existing law authorizes the office to receive nonstate funds in furtherance of the initiative, as described, and requires the office to return unexpended nonstate funds to the source before January 1, 2026. Existing law authorizes up to 10% of any amount appropriated to the office for precision medicine to be used for administrative costs.This bill would also require the office to develop, implement, and evaluate nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. The bill would apply the 10% administrative costs limitation described above only to demonstration projects.This bill would instead require unexpended nonstate funds to be returned to the source before June 30, 2029, and the bill would extend the sunset provision to June 30, 2029.(10) Existing law establishes labor provisions specifically applicable to sheepherders, including authorizing an employer of a sheepherder to pay a specified monthly minimum wage as an alternative to paying the minimum wage for all hours worked to sheepherders employed on a regularly scheduled 24-hour shift on a 7-day-a-week on-call basis. Existing law provides that an employer, or any other person acting on behalf of the employer, who violates or causes to be violated those provisions is subject to a civil penalty of $50 for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages for an initial violation and $100 for any subsequent violation. Existing federal law governing immigration authorizes the importation of an alien as a nonimmigrant agricultural worker, known as an H-2A worker, if specified requirements are met, including that the employer furnishes housing, as specified.This bill would, among other things, prohibit an employer from crediting meals or lodging against the minimum wage owed to sheepherders pursuant to the provision described above and would require every employer to provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program. The bill would also increase the civil penalties described above to $100 and $250, respectively.This bill would, until January 1, 2024, apply the labor provisions specifically applicable to sheepherders described above to goat herders and would require the Department of Industrial Relations to update Wage Order No. 14-2001 to be consistent with those provisions, as specified.(11) Existing law establishes the Youth Apprenticeship Grant Program, to be administered by the Division of Apprenticeship Standards, for the purposes of awarding grant funds to eligible applicants to provide funding for existing apprenticeship and preapprenticeship programs or to develop new apprenticeship and preapprenticeship programs to serve the target population and satisfy the goals and objectives of the grant program, as specified. Existing law requires the program to have an explicit focus on equity, and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of Californias youth. Existing law requires, to measure success towards that goal, the grant program to, among other things, require demographic data to be cross-tabulated with labor force participation data and enrollment data among those demographic groups to assess parity to the public K12 high school, community college, and 4-year university graduating cohort demographic distribution.This bill would revise and recast that provision to require the program to cross-tabulate demographic data with labor force participation data and enrollment data among those demographic groups to assess parity in relation to the public K12 high school, community college, and 4-year university graduating cohort demographic distribution, comparing program completion rates with the attainment of educational degrees across groups.(12) Existing law establishes, from July 1, 2022, until June 30, 2025, the County Assessors Grant Program and, for the 202223 fiscal year, authorizes a county assessors joint powers authority to apply to the department, in the form and manner specified by the department. Existing law requires the Department of Finance to approve an application or memorandum of understanding that contains, among other things, a request for information technology-appropriate projects and programs related to the administration of the property tax system that includes the goals the joint powers authority seeks to achieve with the program funds. Existing law requires the department to, upon approval and by November 15, 2022, determine the grant amount and notify the State Controllers Office to remit payment to the joint powers authority.This bill would instead require the State Controllers Office to remit payment to a lead county, defined as a county designated by the department to accept program funds on behalf of the joint powers authority.(13) Existing law authorizes specified state departments and authorities, upon determination that an advance payment is essential for the effective implementation of a program, to advance to a community-based private nonprofit agency, with which it has contracted for the delivery of services, funds not exceeding 25% of the annual allocation to be made to the agency during the fiscal year.This bill would, until July 1, 2025, authorize state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met, including requiring advance payment recipients to provide an itemized budget, spending timeline, and workplan. The bill would limit the advance payment to a local agency or nongovernmental entity to 25% of the total grant amount awarded to that recipient, unless the administering state agency determines that the project requires a larger advance. The bill would require the recipient or any subrecipients to cooperate with audits by the Department of Finance related to the advanced payments, as specified.This bill would require the administering state agency to prioritize local agency or nongovernmental entity recipients and projects serving disadvantaged, low-income, and under-resourced communities or organizations with modest reserves and potential cashflow problems. The bill would also require local agency and nongovernmental entity recipients to submit additional documentation and progress reports on the spend-down of funds, and to demonstrate good standing with the federal Internal Revenue Service.(14) Existing law requires the State Department of Social Services, subject to an appropriation in the annual Budget Act, to administer the California Guaranteed Income Pilot Program to provide grants to eligible entities for the purpose of administering pilot programs and projects that provide a guaranteed income to participants. Existing law requires the department to prioritize funding for pilot programs and projects that serve California residents who age out of the extended foster care program and pregnant individuals.This bill would establish the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program to provide a trust account to an eligible child, defined to include minor California residents who are specified dependents or wards under the jurisdiction of juvenile court in foster care with reunification services terminated by court order, or who have a parent, Indian custodian, or legal guardian who died due to COVID-19 during the federally declared COVID-19 public health emergency and meet the specified family household income limit. The bill would create the HOPE for Children Trust Account Program Board, as specified, and would require the board to administer the program and the funds in alignment with the intent of the Legislature to create opportunities, economic autonomy, and hope, and to promote wealth and asset building for an eligible child and eligible youth to address Californias record levels of inequality, among other things. The bill would establish the HOPE for Children Trust Account Fund in the State Treasury, and would continuously appropriate moneys in the fund to the board and Treasurer for implementation of the program. By creating a continuously appropriated fund, the bill would make an appropriation.The bill would require the Treasurer to convene a workgroup to advise the Treasurer on program design, including data sharing with relevant governmental agencies and departments, outreach to families of eligible children and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts. The bill would require, on or before February 1, 2024, the board to submit a report to the Department of Finance and the Legislature that includes recommendations on a detailed plan for implementing the program and the anticipated number of HOPE trust accounts to be opened, among other things.The Personal Income Tax Law imposes taxes based upon taxable income at specified rates. Existing law, in modified conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded. Existing law, beginning on or after January 1, 2015, in modified conformity with federal income tax law, allows an earned income tax credit, the California Earned Income Tax Credit, against personal income tax. The Personal Income Tax Law allows, for each taxable year beginning on or after January 1, 2019, a young child tax credit against the taxes imposed under that law.This bill, for taxable years beginning on or after January 1, 2023, would exclude from gross income, for purposes of the personal income tax, funds deposited, any investment returns accrued, and any accrued interest, in a HOPE trust account, and any funds withdrawn or transferred from that account. The bill, for taxable years beginning on or after January 1, 2023, would additionally provide that funds deposited, any investment returns accrued, and any accrued interest in a HOPE trust account, and any funds withdrawn or transferred from that account, are not earned income for purposes of eligibility for the California Earned Income Tax Credit and the Young Child Tax Credit.(15) This bill would make various nonsubstantive changes.(16) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.(17) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NOYES |
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| 1 | + | Amended IN Assembly February 15, 2022 Amended IN Assembly June 27, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 137Introduced by Committee on Budget and Fiscal Review January 08, 2021An act to add and repeal Section 19821.1 of, and to add and repeal Article 6.5 (commencing with Section 7086) of Chapter 9 of Division 3 of, the Business and Professions Code, to amend Sections 24000, 24001, 24002, and 100007 of the Financial Code, to amend Sections 6103.8, 11549.3, 13332.19, 27361, 27361.2, 27361.4, 27361.8, and 27388 of, to add Sections 7902.2 and 11546.45 to, to add Article 10 (commencing with Section 12100.110) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of, and to add and repeal Section 8260 of, the Government Code, to amend Section 11165.1 of, and to add Chapter 1.6 (commencing with Section 24210) to Division 20 of, the Health and Safety Code, to amend Section 880 of the Military and Veterans Code, to amend Sections 3502, 3503, and 3505 of, and to add Article 6.5 (commencing with Section 10198) to Chapter 1 of Part 2 of Division 2 of, the Public Contract Code, to add Section 25403.2 to, and to add and repeal Section 25208 of, the Public Resources Code, to amend Sections 1601 and 1615 of the Public Utilities Code, to amend Section 1604 of the Revenue and Taxation Code, and to amend Sections 4514 and 5328 of the Welfare and Institutions Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget. An act relating to the Budget Act of 2022.LEGISLATIVE COUNSEL'S DIGESTSB 137, as amended, Committee on Budget and Fiscal Review. State government. Budget Act of 2022.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.(1)Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law requires the board, with the approval of the director of the department, to appoint a registrar of contractors to be the executive officer and secretary of the board and to carry out all of the administrative duties, as specified. Existing law requires the board to receive and review complaints and consumer questions regarding solar energy systems companies and solar contractors and to receive complaints received from state agencies regarding those systems and contractors.This bill would establish the Solar Energy System Restitution Program for the purpose of providing restitution to certain consumers with a solar energy system installed by a contractor on a single-family residence, as specified. The bill would require the board to administer the program, upon appropriation of one-time resources by the Legislature. The bill would require the registrar or their designee to award moneys appropriated to the program only to consumers who are eligible claimants, as specified. The bill would authorize a consumer to claim eligibility for payment pursuant to the program by filing a specified form with the registrar that the bill would require the board to provide. The bill would authorize the registrar or their designee to request from the consumer any additional information or documentation that the registrar or their designee deems necessary to determine eligibility. The bill would require a claim that appears to include false or altered information to be automatically denied, and would make that denial the exclusive remedy. The bill would limit the amount paid pursuant to the program to a consumer to $40,000, and would require the board to deduct the amount the consumer recovered from other sources from the amount payable upon the consumers claim. Subject to appropriation by the Legislature, the bill would authorize the board to expend up to $1,000,000 from the moneys appropriated to the program to employ or contract with persons to administer the program. The bill would require the accounting office of the Department of Consumer Affairs to prepare and submit annually to the board a statement of the condition of the moneys appropriated to the program, as specified. The bill would require the board to display a notice on the boards internet website regarding a licensee whose actions have caused the payment of an award to a consumer under the program for 7 years from the date of the payment. The bill would repeal these provisions on June 30, 2024.(2)Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law requires a person who deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game in this state, to apply for and obtain a valid state gambling license, key employee license, or work permit. Existing law also requires the licensure and regulation of any party or entity that provides proposition player services at gambling establishments, known as third-party providers of proposition players. Existing law requires an applicant for a state gambling license, key employee license, work permit, or third party provider of proposition player services license to pay various annual fees, application renewal fees, and deposits to obtain and maintain those licenses and work permits.This bill would prohibit the department from collecting, and a licensee from being required to pay, any annual fees ordinarily due from a state gambling licensee between January 31, 2020, to July 31, 2021, inclusive, and would require the department to refund any annual fees already paid for a state gambling license that were due between January 31, 2020, and the effective date of the bill. The bill would also prohibit the department from collecting, and a licensee from being required to pay, any annual fees ordinarily due from a third-party provider of proposition player services between September 1, 2020, to August 31, 2022, inclusive, and would require the department to refund any annual license fees already paid by a third-party provider of proposition player services that were due between September 1, 2020, and the effective date of the bill. Additionally, the bill would prohibit the department from collecting, and a licensee or commission-issued work permittee from being required to pay, any renewal application fees or background deposits associated with a renewal application ordinarily due between March 1, 2020, and April 30, 2022, inclusive, and would require the department to refund any renewal application fees or deposits associated with a renewal application already paid by a licensee or commission-issued work permittee that were due between March 1, 2020, and the effective date of this bill.This bill would make related findings and declarations. (3)Existing law, until January 1, 2025, establishes the Financial Empowerment Fund, and provides that moneys in the fund are continuously appropriated to the Commissioner of Financial Protection and Innovation for allocation to fund financial education and financial empowerment programs and services for at-risk populations in California, as specified. Existing law provided for the transfer of $4,000,000 to the fund on July 1, 2020, plus an amount estimated to be reasonable administrative costs. Existing law requires the commissioner to administer an application process, or contract for its administration, that provides grants of up to $100,000 from the fund to applicants that meet specified criteria. Existing law authorizes grant awards of up to $1,000,000 in grant moneys per fiscal year, beginning with the 2020-21 fiscal year, pursuant to this process.This bill would increase the maximum amount of a grant that may be awarded pursuant to the above-described process to $200,000. The bill would increase the maximum amount of grant awards that may be made in a fiscal year to $2,000,000. The bill would delete the reference to the 202021 fiscal year and would correct obsolete. The bill would extend the operation of these provisions generally until January 1, 2030.(4)Existing law, the Debt Collection Licensing Act, prohibits a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation. The act requires an application for a license to include certain elements, including an application fee and investigation fee, the amount of which is determined by the commissioner, to cover costs incurred in processing an application, as specified.This bill would require the application fee described above to be $350 and would require the commissioner to bill and collect the application fee and the investigation fee at the time of initial application.(5)The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. This bill, if the proceeds of taxes of a city, county, or city and county exceeds its appropriations limit for any fiscal year, beginning with the 202021 fiscal year, would require the governing body of the city, county, or city and county to calculate specified amounts, including the amount of proceeds of taxes of the city, county, or city and county attributable to funding received by the city, county, or city and county from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would authorize the governing body of the city, county, or city and county to increase its appropriations limit for the applicable fiscal year based on these calculations. If the governing body of a city, county, or city and county increases its appropriations limit pursuant to these provisions, the bill would require it to notify the Director of Finance within 45 days and, commencing with the 202021 fiscal year, require that the appropriations limit of the state be reduced by the total amount reported by each city, county, or city and county in the fiscal year in which the change is made. The bill would make findings with respect to its provisions.By adding to the duties of local officials with respect to determining the appropriations subject to limitation of local agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(6)Existing law generally prohibits the state and a county, city, district, or other political subdivision, and a public officer or body, acting in their official capacity, from paying or depositing a fee for the filing of any document or paper. Existing law also specifically prohibits a county recorder from charging fees for services rendered to the state, any municipality, county, or other political subdivision, thereof, except for making a copy of a paper or record.Under existing law, the above-described prohibitions do not apply to any fee or charge for recording full releases executed or recorded pursuant to specified law, where there is full satisfaction of the amount due under the lien that is released. Existing law requires that the fee for recording full releases, full releases for any document relating to an agreement to reimburse a county for public aid granted by the county, and full releases for filing any judgment that was in favor of a government agency under these provisions be $6.This bill would, instead, require that the fee for recording full releases as described above be 2 times the fee charged to record the first page of a lien, encumbrance, or notice under specified law, as prescribed in specified provisions.Existing law requires the county recorder to charge and collect specified fees for services performed by the recorders office. Existing law authorizes a fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded to reimburse the county for the costs of specified services related to recording those documents, not to exceed $10 for recording the first page and $3 for each additional page. Existing law authorizes various additional recording fees, to be charged in connection with filing an instrument, paper, or notice, for specified purposes.This bill, except as specified with respect to certain fees for recording a notice of state tax lien and a certificate of release, would expressly prohibit charging the above-described fees for recording, indexing, or filing an instrument, paper, or notice to those entities expressly exempted from the payment of recording fees under specified law.Existing law authorizes a county board of supervisors to adopt a resolution providing for a fee of up to $10 for recording each real estate instrument, paper, or notice required or permitted by law to be recorded, which is in addition to any other recording fees under specified law, and defines the term real estate instrument for these purposes. Existing law requires that the fees paid under these provisions, after deduction for actual and necessary administrative costs, be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund and used for specified purposes. Existing law exempts from this fee any real estate instrument, paper, or notice accompanied by a declaration stating that the transfer is subject to a documentary transfer tax, is recorded concurrently with a transfer subject to a documentary transfer tax, or is presented for recording within the same business day as, and is related to the recording of, a transfer subject to a documentary transfer tax.This bill would additionally exempt from this fee any real estate instrument, paper, or notice presented for recording for the benefit of the state or any county, municipality, or other political subdivision of the state.(7)Existing law, until January 1, 2025, authorizes the Department of General Services, the Military Department, the Department of Corrections and Rehabilitation, and, in a specified instance, the Department of Water Resources to use the design-build procurement process for specified public works.This bill would authorize the Director of General Services to use the progressive design-build procurement process for the construction of up to 3 public works projects, as jointly determined by the Department of General Services and the Department of Finance, and would prescribe that process. Pursuant to the process, after selection of a design-build entity, the bill would authorize the Department of General Services to contract for design and preconstruction services sufficient to establish a guaranteed maximum price, as defined. Upon agreement on a guaranteed maximum price, the bill would authorize the department to amend the contract in its sole discretion, as specified. The bill would require the department to submit, on or before January 1, 2026, to the Joint Legislative Budget Committee a report containing specified information regarding the public works projects, completed during a specified time period, that used the progressive design-build procurement process. The bill would require specified information to be verified under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.Existing law grants the Department of Finance certain powers in connection with appropriations on design-build construction projects. In this regard, existing law prohibits a state agency from expending funds appropriated for a design-build project until the Department of Finance and the California Public Works Board have approved related performance criteria.This bill would generally apply these provisions to projects delivered by the progressive design-build procurement process and make a variety of conforming changes in connection with these projects.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.(8)Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who also serves as the State Chief Information Officer. Under existing law, the Department of Technology is responsible for the approval and oversight of information technology projects, as specified. Existing law requires the chief information officer of each state agency to develop the enterprise architecture for their agency to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for the agency. Existing law subjects each chief information officers enterprise architecture to the review and approval of the Department of Technology. Existing law requires that a state agency service contract, which would otherwise not be reviewed by the Department of Technology, be subject to review, approval, and oversight by the department if the contract contains an information technology component that would be subject to oversight by the department if it were a separate information technology project.This bill would require the Department of Technology to identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the Department of Technology, for modernization, stabilization, or remediation. The bill would require state agencies and state entities to submit information relating to their information technology service contracts to the Department of Technology before February 1, 2022, and annually thereafter. The bill would require the department to analyze and report this information to the Legislature, as specified. The bill would also require the Department of Technology to implement a plan to establish centralized contracts for identified shared services, as defined.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect. (9)Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of the state. Existing law requires the Chief of the Office of Information Security to establish an information security program, as specified. Existing law authorizes the office to conduct, or require to be conducted, an audit of information security to ensure program compliance and requires the audited entity to fund that audit.This bill would repeal the requirement that the audited entity fund an audit described above.(10)Existing law establishes the Governors Office of Business and Economic Development, known as GO-Biz, within the Governors office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth.This bill would create the Energy Unit within GO-Biz to accelerate the planning, financing, and execution of critical energy infrastructure projects that are necessary for the state to reach its climate, energy, and sustainability policy goals, including by identifying barriers, making recommendations, creating a working group, coordinating between the states climate and energy agencies, and cooperating with local, regional, federal, and California public and private businesses and investors, as specified. The bill would require the Governor to appoint a deputy director who would have direct authority over the Energy Unit and serve at the pleasure of the Governor. The bill would require the Energy Unit, on or before February 1 of each year, to annually submit a report to the relevant policy and fiscal committees of the Legislature with specified information relating to infrastructure priorities and the Energy Units work in the prior calendar year and recommendations to accelerate the Energy Units progress. (11)Existing law establishes the State Department of Social Services in the Health and Welfare Agency and sets forth its powers and duties relating to the administration of various programs relating to public social services. Existing law establishes in state government the Commission on Asian and Pacific Islander American Affairs that, among other things, provides assistance to policymakers and state agencies on identifying the needs or problems affecting Asian and Pacific Islander American communities and in developing appropriate responses and programs. Existing law, the Administrative Procedure Act, generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law.This bill would require the State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, to administer a grant program that provides support and services to victims and survivors of hate crimes and their families and facilitates hate crime prevention measures, as provided. The bill would require the department, in consultation with the commission, to develop a process to award grants to qualified grantees, as specified. The bill would require that, beginning on October 1, 2022, and annually thereafter until October 1, 2025, the department and the commission submit a report for the prior fiscal year containing information about the grant program to the budget committees of both houses. The bill would authorize the department to enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program and would exempt contracts issued pursuant to these provisions from, among other things, the State Contracting Manual. The bill would exempt these provisions from the rulemaking provisions of the Administrative Procedure Act. The bill would make these provisions operative upon appropriation, as specified, and would repeal these provisions on June 30, 2026.(12)Existing law classifies certain controlled substances into Schedules I to V, inclusive. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) database for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, Schedule IV, and Schedule V controlled substances by a health care practitioner authorized to prescribe, order, administer, furnish, or dispense those controlled substances.Existing law, operative on July 1, 2021, or upon the date the department promulgates regulations to implement this provision and posts those regulations on its internet website, whichever date is earlier, requires the above health care practitioner upon receipt of a federal Drug Enforcement Administration (DEA) registration, and a pharmacist upon licensure, and authorizes a licensed physician and surgeon who does not hold a DEA registration, to submit an application developed by the department to obtain approval to electronically access information regarding the controlled substance history of a patient that is maintained by the department. Upon approval, existing law requires the department to release to the applicant or their delegate the electronic history of the person under their care based on data contained in the CURES Prescription Drug Monitoring Program.This bill would require the department to implement its duties described in the above provision upon completion of any technological changes to the CURES database necessary to support that provision, or by October 1, 2022, whichever is sooner.(13)Existing law prohibits sterilization of a person with developmental disabilities without the persons consent, if the person has the ability to consent to sterilization, as defined, unless a limited conservator authorized to consent to the sterilization of an adult with a developmental disability is appointed and obtains court authorization to consent to the sterilization, as specified. Existing law prohibits sterilization for the purpose of birth control in county jails and state prison facilities, as specified.Existing law establishes a procedure for the compensation of victims and derivative victims of certain crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund consisting of General Fund moneys, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. Under existing law, certain property is exempt from enforcement of money judgments, including benefits from a disability or health insurance policy or program.Subject to an appropriation in the annual Budget Act or any other act by the Legislature for this express purpose, the bill would establish the Forced or Involuntary Sterilization Compensation Program, to be administered by the California Victim Compensation Board for the purpose of providing victim compensation to survivors of state-sponsored sterilization conducted pursuant to eugenics laws that existed in California between 1909 and 1979 and to survivors of coercive sterilization performed in prisons after 1979. The bill would establish the Forced or Involuntary Sterilization Compensation Account in the State Treasury, to be administered by the board, and would require funds appropriated for the Forced or Involuntary Sterilization Compensation Program to be held in the account and used for the purpose of this program. The bill would require the board to, among other things in order to implement the program, conduct outreach to locate qualified recipients, as defined, disclose a coerced sterilization to that person if the person was sterilized while imprisoned, notify that person of the process to apply for victim compensation, and review and verify all applications for victim compensation. The bill would require the board to keep confidential, and not disclose to the public, a record pertaining to a persons application for victim compensation or the boards verification of the application. The bill would exempt victim compensation payments from, among other things, being considered taxable income for state tax purposes or being subject to enforcement of a money judgment. The bill would require the board and specified departments, including the State Department of State Hospitals, to post a notice on their internet websites, once the appropriation described above is made, to inform the public of the operative date of the Forced or Involuntary Sterilization Compensation Program.Existing law provides that information and records obtained in the course of providing specified mental health and developmental services are confidential, but allows the disclosure of the information and records under specified circumstances.This bill would additionally authorize the State Department of Developmental Services and the State Department of State Hospitals to disclose the above-described information and records to authorized employees of the board for the purposes of verifying the identity and eligibility of individuals claiming compensation under the Forced or Involuntary Sterilization Compensation Program, or to an attorney for a person who was sterilized or alleges a person was sterilized. The bill would require the board to maintain the confidentiality of any information or records received from these departments.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(14)Existing law requires the Department of Veterans Affairs to establish a competitive grant program, to be administered by the department with existing funds, as defined, for purposes of awarding grant moneys to certified California veteran service providers for purposes of providing services that improve the quality of life for veterans and their families, as specified. Under existing law, the department is authorized to enter into memoranda of understanding with other state departments and agencies to implement these provisions. Existing law requires competitive grants to be awarded in support of the states strategic plan for providing veterans with transition assistance. Existing law requires the department to adopt regulations to implement the program and define criteria for supporting the states strategic plan.This bill would establish the Certified Veteran Service Provider Program Fund. The bill would require that funds appropriated for the competitive grant program be deposited in the fund and available for expenditure by the department exclusively for the support of the department in carrying out its duties relative to the competitive grant program.(15)Existing law, the Buy Clean California Act, requires the Department of General Services, by January 1, 2021, to establish and publish in the State Contracting Manual, in a department management memorandum, or on the departments internet website a maximum acceptable global warming potential for each category of eligible materials, set at the industry average of facility-specific global warming potential emissions for that material. Existing law requires the department to determine the industry average by consulting recognized databases of environmental product declarations. Existing law requires the department, by January 1, 2021, to submit a report to the Legislature describing the method the department used to develop the maximum global warming potential for each category of eligible materials. Existing law requires the department, by January 1, 2024, and every 3 years thereafter, to review the maximum acceptable global warming potential for each category of eligible materials and authorizes the department to adjust the number downward for any eligible material to reflect industry improvements, as provided.This bill would extend the date by which the department is to establish and publish the required information in the State Contracting Manual, in a department management memorandum, or on its internet website to January 1, 2022, and require the department to consult with the State Air Resources Board. The bill, with regard to setting the maximum acceptable global warming potential, would provide that, if the department determines that the facility-specific environmental product declarations available do not adequately represent the industry as a whole, it may use the industrywide environmental product declarations based on domestic production data in its calculation of the industry average. The bill also would extend the date for submitting to the Legislature a report describing the method the department used to develop the maximum global warming potential for each category of eligible materials, and the initial date for reviewing the maximum acceptable global warming potential for each category of eligible materials, to January 1, 2022, and January 1, 2025, respectively.Existing law, among other things, requires an awarding authority, for contracts entered into on or after July 1, 2021, to include in a specification for bids that the facility-specific global warming potential for any eligible material shall not exceed the maximum acceptable global warming potential for that material, as provided, and requires the successful bidder to submit specified information regarding the life cycle of each eligible material proposed to be used.This bill would instead provide that these requirements apply beginning with contracts entered into on or after July 1, 2022.Existing law requires the department, by January 1, 2022, to submit a report to the Legislature on any obstacles to the implementation of the Buy Clean California Act and the effectiveness of the act to reduce global warming potential.This bill would extend the date for submission of the report to July 1, 2023.(16)Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires the PUC to review and accept, modify, or reject a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission), to identify all potentially achievable cost-effective electricity efficiency savings and to establish efficiency targets for electrical corporations to achieve pursuant to their procurement plan. Existing law requires the PUC, in consultation with the Energy Commission, to identify all potentially achievable cost-effective natural gas efficiency savings and to establish efficiency targets for gas corporations to achieve and requires that a gas corporation first meet its unmet resource needs through all available gas efficiency and demand reduction resources that are cost effective, reliable, and feasible. Pursuant to these requirements, electrical corporations and gas corporations have filed, and the PUC approved, various plans to undertake actions to promote energy efficiency that are administered by the utilities or third-party administrators, either individually, regionally, or statewide, as defined. Existing law requires the PUC to require those electrical corporations with 250,000 customer accounts in the state, and those gas corporations with 400,000 or more customer accounts in the state, to establish the joint School Energy Efficiency Stimulus Program within each of their energy efficiency portfolios and to file a joint advice letter by February 1, 2021, to fund the program as part of each of their energy efficiency portfolios. Existing law requires that the School Energy Efficiency Stimulus Program be a joint program among all the participating utilities, be consistent across the utility territories, and be designed, administered, and implemented by the Energy Commission as the third-party program administrator. Existing law requires the PUC to approve the advice letter by March 1, 2021, and to require those large electrical corporations and gas corporations to allocate a specific portion of their energy efficiency budget for program the 2021, 2022, and 2023 calender years to fund the School Energy Efficiency Stimulus Program, as specified. Existing law requires all allocated funds to be spent or returned to the electrical corporation or gas corporation by December 1, 2026. Existing law requires the Energy Commission, in collaboration with those large electrical and gas corporations, to develop and administer the School Reopening Ventilation and Energy Efficiency Verification and Repair Program and the School Noncompliant Plumbing Fixture and Appliance Program as components of the School Energy Efficiency Stimulus Program. Existing law repeals these provisions on January 1, 2027. This bill would revise the programs definition of local educational agency to include certain regional occupational centers, thereby making those regional occupational centers eligible to receive program grants. The bill would provide that the School Energy Efficiency Stimulus Program Fund was administratively established for the Energy Commission to receive funds allocated pursuant to the School Energy Efficiency Stimulus Program and would provide that the fund is continuously appropriated without regard to fiscal years for the purposes of the program, including paying the costs of program administration, thereby making an appropriation. The bill would require the Energy Commission, by March 1, 2022, and by each March 1 thereafter, until March 1, 2027, to submit a report to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program.(17)Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), in consultation with the Public Utilities Commission (PUC), the State Air Resources Board, and the Independent System Operator, by January 1, 2021, to assess the potential for the state to reduce the emissions of greenhouse gases in the states residential and commercial building stock by at least 40% below 1990 levels by January 1, 2030. Existing law requires the PUC, in consultation with the Energy Commission, to develop and supervise the administration of the Building Initiative for Low-Emissions Development (BUILD) Program to require gas corporations to provide incentives to eligible applicants, as defined, for the deployment of near-zero-emission building technologies to significantly reduce the emissions of greenhouse gases from buildings, as specified. Under existing law, the PUC designated the Energy Commission as the administrator for the BUILD Program. This bill would require the Energy Commission, using moneys appropriated pursuant to specified items in the Budget Act of 2021, to implement and administer a new statewide program to incentivize the construction of new multifamily and single-family market-rate residential buildings as all-electric buildings or with energy storage systems, as specified. The bill would name this new program the Building Initiative for Low-Emissions Development Program Phase 2, which would be a separate program from the BUILD Program described above. The bill would require the Energy Commission to develop and approve program guidelines in a public process before June 30, 2022, and to ensure, to the extent reasonable, that the new program incentivizes the construction of all-electric buildings and the installation of energy storage systems and other technologies that would not otherwise be constructed or installed, as specified. (18)Existing property tax law requires county boards to meet to equalize the assessment of property on the local roll, as provided, and authorizes a taxpayer to apply to the county board for an assessment reduction under a variety of circumstances, including for a reduction of the base year value, as defined, of real property. Existing property tax law requires that the applicants opinion of value, as reflected on a timely filed application for reduction in an assessment of property, be the basis for the calculation of property taxes, where the county board has failed to hear evidence and make a final determination on that application within either 2 years of the filing of that application or an extension of that 2-year period. Existing property tax law extends this deadline until March 31, 2021, with respect to applications with a deadline occurring during the period beginning on March 4, 2020, and before March 31, 2021.This bill would further extend the above-described March 31, 2021, extension date to December 31, 2021.(19)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.Digest Key Vote: MAJORITY Appropriation: YESNO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.SECTION 1.Article 6.5 (commencing with Section 7086) is added to Chapter 9 of Division 3 of the Business and Professions Code, to read:6.5.Solar Energy System Restitution Program7086.The board shall administer the Solar Energy System Restitution Program upon appropriation of one-time resources by the Legislature for the purpose of providing restitution to consumers pursuant to this article.7086.1.For purposes of this article, the following definitions apply:(a)Program means the Solar Energy System Restitution Program established pursuant to this article.(b)Consumer means any of the following:(1)A natural person who owns a single-family residence in this state and who contracted with a licensed or unlicensed contractor on or after January 1, 2016, for the installation of a solar energy system on that residence.(2)A tenant or leaseholder of a single-family residence in this state owned by a natural person who contracted with a licensed or unlicensed contractor on or after January 1, 2016, for the installation of a solar energy system on the owners residence.(3)A natural person who purchases a single-family residence from a prior owner of the residence who contracted with a licensed or unlicensed contractor on or after January 1, 2016, for the installation of the solar energy system.(c)Solar energy system has the same meaning as that term is defined in subdivision (g) of Section 7169.(d)Financial loss or injury means an economic loss or expense suffered by a consumer resulting from fraud, misrepresentation, or another unlawful act committed by a residential solar energy system contractor that has not been and will not be fully reimbursed from any other source.7086.2.(a)This article governs the administration of the program and operates independently of, and does not affect or relate to the licensing, regulation, and discipline of, contractors.(b)This article does not limit the authority of the registrar to take disciplinary action against a contractor.7086.3.The registrar or their designee shall only award moneys appropriated to the program to consumers who are eligible claimants pursuant to this article.7086.4.Except as provided in Section 7086.5, a consumer is an eligible claimant only if they meet one of the following criteria:(a)The consumer has filed a complaint against a licensed contractor investigated pursuant to Article 7 (commencing with Section 7090), that resulted in one or more of the following:(1)Issuance of an administrative citation that includes a payment of a specified sum to an injured party as prescribed by Section 7099 and that is not under appeal.(2)Filing of accusation to suspend or revoke the license.(3)Determination by the registrar or their designee that a probable violation of this chapter has occurred that if proven, would present a risk of harm to the public and would be appropriate for suspension, revocation, or criminal prosecution.(b)The consumer has obtained a judgment in any civil court of competent jurisdiction for recovery of damages against a licensed or unlicensed contractor, proceedings in connection with the judgment have terminated, including appeals, and the consumer has not received the specified sum or restitution amount as of the date they claim eligibility.(c)The consumer is the identified victim of a licensed or unlicensed contractor in a criminal case before a California superior court, with an established financial injury or restitution order, proceedings in connection with the judgment have terminated, including appeals, and the consumer has not received the specified sum or restitution amount as of the date they claim eligibility.7086.5.(a)If any consumer alleges financial harm because of the contract for the installation of a solar energy system on their residence, but the boards authority to discipline the contractor has lapsed due to a limitations period specified in Section 7091, then the registrar or their designee may consider whether the consumer who is unable to claim eligibility under Section 7086.4 is nonetheless eligible to receive restitution pursuant to the program. In all those cases, the following apply:(1)The registrar or their designee may elect to refer the consumer to arbitration process prescribed in Section 7085.5 for the arbitrator to render an award pursuant to the program.(2)The arbitration shall commence for the sole purpose of determining whether a financial loss occurred, and whether an amount may justifiably be paid to the consumer pursuant to the program. Discipline of the contractor shall not be at issue in any case referred to arbitration under this subdivision and the contractor need not to appear. Any payment amount for the attending consumer shall not be based solely on the fact that the contractor has failed to appear at the arbitration hearing.(3)The arbitrator has the sole discretion to request the documentation or testimony from the consumer necessary to support payment pursuant to the program, as well as sole discretion to determine whether an award shall be issued pursuant to the program based on the information provided.(4)The registrar or their designee, or any arbitrator, is not liable to any party for any act or omission in connection with any arbitration conducted under this section.(5)The arbitrator shall render an award no later than 30 calendar days from the date of closing the hearing, closing a reopened hearing, or if oral hearing has been waived, from the date of transmitting the final statements and proofs to the arbitrator.(6)A determination on payment to an eligible claimant shall consider all matters relevant to the consumer seeking restitution, including the financial condition of the moneys appropriated to the program, the amount of money being sought, whether the claim appears to be supported by the documentation, whether the claimant has received full or partial payment of their loss from another source, and if there is more than one claimant, the equitable division of available money appropriated to the program among the claimants.(7)A determination or decision regarding claimant eligibility and payment pursuant to the program and all related issues under this subdivision are final and are not subject to judicial review.(b)The registrar or their designee may refer a consumer to the arbitration process described in Section 7085.5 for resolution of any claim by a consumer that does not explicitly meet the criteria in subdivision (a) of Section 7086.4.7086.6.(a)A consumer may claim eligibility for payment pursuant to the program by filing a form with the registrar entitled Solar Energy System Restitution Program Claim that shall be provided by the board. A consumer seeking restitution shall include, without limitation:(1)The name, address, and telephone number of the consumer and which criteria under Section 7086.4 or 7086.5 the consumer claims eligibility.(2)The name, address, license number, and telephone number, if known, of the contractor who installed the solar energy system.(3)A description of the facts concerning the loss caused by the contractor, the nature and extent of the claimed loss, and the date on which, or the period during which, the alleged loss occurred.(4)A copy of the contract, and any or all other relevant documentation specified in Section 7086.7, as applicable, supporting the grounds under which the consumer claims eligibility.(5)A statement confirming whether the consumer has previously recovered a portion of their loss from sources other than an award pursuant to the program, and if so, in what amount, from what source, and the date that recovery occurred.(b)The registrar or their designee may request from the consumer any additional information or documentation not specified in this section that the registrar or their designee deems necessary to determine eligibility.(c)A claim that appears to include false or altered information shall be automatically denied and shall not be considered for restitution pursuant to the program. The denial of the claim shall be the exclusive remedy for filing false information.(d)Any information or documentation distributed by the board about the program shall include a notice that restitution payments are only available as long as there are appropriated moneys available for payment.7086.7.(a)For all claimants deemed eligible pursuant to subdivision (a) of Section 7086.4, a document stamped with the seal of the Contractors State License Board reflecting the complaint number, name of the contractor, name of the special investigator, date of the contract, violation or violations alleged, the specified sum to an injured party amount, the consumers name, and any other information the registrar deems relevant to include shall be sufficient documentation upon which to make payment to the consumer pursuant to the program.(b)For all claimants deemed eligible pursuant to subdivision (b) of Section 7086.4, a certified copy of the civil court judgment with the dollar amount of damages shall be sufficient documentation upon which to make payment to the consumer pursuant to the program.(c)For all claimants deemed eligible pursuant to subdivision (c) of Section 7086.4, a certified minute order or other document of the court of relevant jurisdiction that includes the certified copy of an order of financial injury or restitution amount shall be sufficient documentation upon which to make payment to the consumer pursuant to the program.(d)For all claimants deemed eligible pursuant to paragraph (1) of subdivision (a) of Section 7086.5, the award of the arbitrator, stamped with the seal of the Contractors State License Board reflecting the complaint number, name of the contractor, name of the arbitrator, date of the contract, violations alleged, the specified sum to an injured party amount, the consumers name, and any other information the registrar deems relevant to include shall be sufficient documentation upon which to make payment to the consumer pursuant to the program.7086.8.(a)If the registrar or their designee determines that a consumer is eligible for restitution pursuant to this article, the amount paid to a consumer shall not exceed forty thousand dollars ($40,000).(b)If the registrar or their designee has determined that the injured person has recovered a portion of their loss from sources other than the program at the time they claim eligibility, the board shall deduct the amount recovered from the other sources from the amount payable upon the consumers claim and direct the difference to be paid.(c)Subject to appropriation by the Legislature, the board may expend up to one million dollars ($1,000,000) from the moneys appropriated to the program to employ or contract with persons as necessary for the performance of the duties required to administer this article.7086.9.(a)The registrar or their designee shall not approve a claim seeking payment pursuant to the program until at least 90 days after the date of the action described in Section 7086.4 or 7086.5 on which the consumer bases their claim of eligibility.(b)If the registrar or their designee approves payment pursuant to the program to an eligible claimant, the board will forward a copy of the approval of the eligible claim to the accounting office of the Department of Consumer Affairs.(c)The accounting office shall not commence procedures for the disbursement of money pursuant to an approval of payment from the board until 90 days after the date on which the registrar or their designee approved the eligible claim.(d)The accounting office shall, on or before February 1 of each year, prepare and submit to the board a statement of the condition of the moneys appropriated to the program that is prepared in accordance with generally accepted accounting principles.7086.10.(a)For any licensee whose actions have caused the payment of an award to a consumer pursuant to the program, the board shall display a notice on the public license detail on the boards internet website stating that the licensee was the subject of a payment pursuant to the program.(b)The notice specified in subdivision (a) shall remain on the boards internet website until seven years after the date of the payment.(c)This section shall operate independently of, and is not subject to, Section 7124.6.7086.11.This article shall remain in effect until June 30, 2024, and as of that date is repealed.SEC. 2.Section 19821.1 is added to the Business and Professions Code, to read:19821.1.(a)(1)Notwithstanding Sections 19841, 19951, 19952, and 19954, and any accompanying regulations designating annual fees, the department shall not collect, and a licensee shall not be required to pay, any annual fees ordinarily due from a state gambling licensee between January 31, 2020, to July 31, 2021, inclusive. This fee waiver does not apply to extensions or installment agreement due dates that are otherwise due and payable during that time period.(2)The department shall refund any annual fees already paid for a state gambling license that were due on or after January 31, 2020, and the effective date of this section.(b)(1)Notwithstanding Sections 19841 and 19984, and any accompanying regulations designating annual fees, the department shall not collect, and a licensee shall not be required to pay, any annual fees ordinarily due from a third-party provider of proposition player services between September 1, 2020, to August 31, 2022, inclusive. This fee waiver does not apply to extensions or installment agreement due dates that altered the original due date of an annual fee.(2)The department shall refund any annual license fees already paid by a third-party provider of proposition player services that were due between September 1, 2020, and the effective date of this section.(c)(1)Notwithstanding Sections 19841, 19867, 19868, 19876, 19877, 19912, and 19984, and any accompanying regulations designating a renewal application fee or a deposit associated with a renewal application, the department shall not collect, and the licensee or commission-issued work permittee shall not be required to pay, any renewal application fees or background deposits associated with a renewal application ordinarily due between March 1, 2020, to April 30, 2022, inclusive. This fee and deposit waiver does not apply to extensions that are otherwise due and payable during that time period.(2)The department shall refund any renewal application fees or deposits associated with a renewal application already paid by a licensee or commission-issued work permittee that were due between March 1, 2020, and the effective date of this section.(d)For the purposes of this section, in order to avoid delays in implementing the waiver of all annual fees, application fees, and deposits, the Legislature finds and declares that it is necessary to provide the commission with a limited exemption from the regular and emergency rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(e)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.SEC. 3.Section 24000 of the Financial Code is amended to read:24000.(a)There is hereby established in the State Treasury the Financial Empowerment Fund. Notwithstanding Section 13340 of the Government Code, moneys in the fund are hereby continuously appropriated without regard to fiscal years to the Commissioner of the Department of Financial Protection and Innovation for purposes of the act.(b)Notwithstanding Section 13340 of the Government Code, the Controller shall, on July 1, 2020, transfer from the State Corporations Fund to the Financial Empowerment Fund the sum of four million dollars ($4,000,000) plus an amount estimated by the department to be the reasonable costs to administer the division.(c)The Commissioner of the Department of Financial Protection and Innovation shall use moneys in the Financial Empowerment Fund for allocation to fund financial education and financial empowerment programs and services for at-risk populations in California, as described in Section 24001. The commissioner may additionally use moneys in the Financial Empowerment Fund to cover its costs to administer this act.SEC. 4.Section 24001 of the Financial Code is amended to read:24001.(a)The Commissioner of the Department of Financial Protection and Innovation shall administer an application process for grants of up to two hundred thousand dollars ($200,000) per applicant from the Financial Empowerment Fund or shall contract with an independent third party to do so on the departments behalf. The commissioner, or the independent third party designated by the commissioner, may award up to two million dollars ($2,000,000) in grant moneys per fiscal year. To be eligible for selection by the department to administer the grant program, an independent third party shall cap its administrative fees at no more than 15 percent of the grant moneys it administers on the departments behalf.(b)An applicant shall apply to the commissioner or to an independent third party designated by the commissioner for a grant in a form and manner prescribed by the commissioner or the independent third party. To be eligible for a grant, an applicant shall meet both of the following criteria:(1)The organization is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and is organized and operated exclusively for one or more of the purposes described in Section 501(c)(3) of the Internal Revenue Code.(2)No part of the net earnings of the organization shall inure to the benefit of a private shareholder or individual.(c)A grantee shall only use grant moneys for the following financial education and financial empowerment programs and services for at-risk populations:(1)Designing, developing, or offering, free of charge to consumers, classroom- or web-based financial education and empowerment content intended to help unbanked and underbanked consumers achieve, identify, and access lower cost financial products and services, establish or improve their credit, increase their savings, or lower their debt.(2)Providing individualized, free financial coaching to unbanked and underbanked consumers.(3)Designing, developing, or offering, free of charge to consumers, a financial product or service intended to help unbanked and underbanked consumers identify and access responsible financial products and financial services, establish or improve their credit, increase their savings, or lower their debt.(d)A grantee shall use no more than 15 percent of its grant to cover its administrative costs. Failure to comply with this requirement shall render the organization ineligible for grant funding during the subsequent fiscal year.(e)Every project funded with a grant from the Financial Empowerment Fund shall meet all of the following criteria:(1)Promote and enhance the economic security of consumers.(2)Adhere to the five principles of effective financial education described in the June 2017 report, Effective financial education: Five principles and how to use them, issued by the federal Consumer Financial Protection Bureau.(3)Include one or more specific outcome targets.(4)Include an evaluation component designed to measure and document the extent to which the project achieves its intended outcomes and increases consumers financial well-being.(f)Each grantee shall submit a report, in a form and by a date acceptable to the Commissioner of the Department of Financial Protection and Innovation documenting the specific uses to which grant funds were allocated, documenting the number of individuals aided through use of the funds, providing quantitative results regarding the impact of grant funding, and including any other information requested by the commissioner. Failure to submit a report shall render the organization ineligible for grant funding during the subsequent fiscal year.(g)On or before December 31, 2021, and at least once annually thereafter, the department shall post on its internet website a summary of the information received from grantees pursuant to subdivision (f).SEC. 5.Section 24002 of the Financial Code is amended to read:24002.(a)This division shall remain in effect only until January 1, 2030, and as of that date is repealed.(b)Upon the repeal of this division, the Controller shall transfer any moneys remaining in the Financial Empowerment Fund to the Financial Protection Fund.SEC. 6.Section 100007 of the Financial Code is amended to read:100007.An applicant shall apply for a license by submitting all of the following to the commissioner:(a)A completed application for a license in a form prescribed by the commissioner and signed under penalty of perjury. An application shall include the location of the applicants principal place of business and all branch office locations.(b)(1)An application fee, of three hundred fifty dollars ($350), and an investigation fee, the amount of which shall be determined by the department, to cover any costs incurred in processing an application, including a fingerprint processing and criminal history record check under Section 100009. The investigation fee, including the amount for the criminal history record check, and the application fee are not refundable if an application is denied or withdrawn.(2)The fees assessed pursuant to this subdivision shall be billed and collected by the commissioner at the time of initial application.(c)A sample of the initial letter required pursuant to Section 1692g of Title 15 of the United States Code that the licensee will use in correspondence with California consumers.SEC. 7.Section 6103.8 of the Government Code is amended to read:6103.8.(a)Sections 6103 and 27383 do not apply to any fee or charge for recording full releases executed or recorded pursuant to Section 7174 of the Government Code, Sections 4608 and 5003.7 of the Public Resources Code, and Sections 2194, 11496, 12494, and 32362 of the Revenue and Taxation Code, where there is full satisfaction of the amount due under the lien that is released.(b)The fee for recording full releases listed in subdivision (a) shall be the amount prescribed in subdivision (a) of Section 27361.3.(c)In the case of full releases recorded by the state taxing agency pursuant to Section 7174 of the Government Code, the recording agency shall be billed quarterly or, at the option of the agency, at more frequent intervals. All billing shall refer to the agency certificate number of the recorded releases.(d)The fee for recording full releases for any document relating to an agreement to reimburse a county for public aid granted by the county shall be the amount prescribed in subdivision (a) of Section 27361.3.(e)The fee for filing any release of judgment that was in favor of a government agency and recorded pursuant to Section 6103 or 27383 shall be the amount prescribed in subdivision (a) of Section 27361.3.(f)Sections 6103 and 27383 do not apply to any fee or charge for recording a notice of state tax lien under subdivision (d) of Section 7171 or a certificate of release under subdivision (h) of Section 7174.(g)The fee for recording a notice of state tax lien pursuant to subdivision (d) of Section 7171 and a certificate of release under subdivision (h) of Section 7174 shall be as permitted by Sections 27361, 27361.2, 27361.4, and 27361.8.(h)In the case of recording a notice of state tax lien pursuant to subdivision (f) or a certificate of release pursuant to subdivision (f), the recording agency shall be billed quarterly or at the option of the agency at more frequent intervals. All billing shall refer to the agency notice or certificate number.SEC. 8.Section 7902.2 is added to the Government Code, to read:7902.2.(a)If, beginning with the 202021 fiscal year or any fiscal year thereafter, the proceeds of taxes of a city, county, or city and county exceed its appropriations limit determined pursuant to Section 7902 for that fiscal year, the governing body of the city, county, or city and county shall calculate the following amounts:(1)The appropriations limit of the city, county, or city and county determined pursuant to Section 7902.(2)The total amount of proceeds of taxes of the city, county, or city and county.(3)The amount of proceeds of taxes of the city, county, or city and county attributable to funding received by the city, county, or city and county from the Local Revenue Fund, established pursuant to Section 17600 of the Welfare and Institutions Code, and the Local Revenue Fund 2011, established pursuant to Section 30025 of the Government Code.(4)The total amount of proceeds of taxes of the city, county, or city and county calculated pursuant to paragraph (2), less the amount calculated pursuant to paragraph (3).(5)The amount equal to the appropriations limit of the city, county, or city and county calculated pursuant to paragraph (1), less the amount calculated pursuant to paragraph (4).(6)If the calculation in paragraph (5) results in a positive value, the amount calculated pursuant to paragraph (3) less the positive value calculated pursuant to paragraph (5).(b)If the amount determined pursuant to paragraph (6) of subdivision (a) results in a positive value, the governing body of the city, county, or city and county may increase its appropriations limit for the applicable fiscal year by that amount.(c)To the extent that the amount determined pursuant to paragraph (4) of subdivision (a) is equal to or exceeds the amount determined pursuant to paragraph (1) of subdivision (a), the governing body of the city, county, or city and county may increase its appropriations limit for the applicable fiscal year by the amount determined pursuant to paragraph (3) of subdivision (a).(d)In the event that the governing body of a city, county, or city and county increases its appropriations limit pursuant to subdivision (b) or (c) of this section, it shall notify the Director of Finance of the change within 45 days.(e)Commencing with the 202021 fiscal year, and each fiscal year thereafter, the appropriations limit of the state shall be reduced by the total amount reported pursuant to subdivision (d) by each city, county, or city and county in the fiscal year in which the change is made.SEC. 9.Section 8260 is added to the Government Code, immediately following Section 8259.5, to read:8260.(a)The State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall administer a grant program that provides support and services to victims and survivors of hate crimes and their families and facilitates hate crime prevention measures. In developing the grant program criteria, the department shall consult with the Commission on Asian Pacific Islander American Affairs and may consult with other state departments as necessary.(b)The department, in consultation with the Commission on the Asian Pacific Islander American Affairs, shall develop a process to award grants to qualified grantees to be used to provide either or both of the following:(1)Community-based supports and services to victims and survivors of hate crimes, and their families, which may include health care services, mental health services, and legal services. (2)Hate crime prevention measures, which may include community engagement and education, community conflict resolution, in-language outreach, services to escort community members in public, community healing, and community diversity training.(c)(1)Qualified grantees shall include nonprofit entities that meet the requirements set forth in either paragraph (3) or paragraph (5) of subdivision (c) of Section 501 of the Internal Revenue Code. An entity may partner with another entity to meet the requirements of this paragraph.(2)Qualified grantees shall have experience providing supports and services to victims and survivors of hate crimes and hate crime prevention measures in a language competent and culturally competent manner or funding organizations that provide such services. A qualified grantee that is awarded funds pursuant to this section shall comply with tracking and reporting procedures to be determined by the department.(d)The department may use up to five percent of the funds appropriated for department administrative costs. Any funds in excess of five percent may be authorized pursuant to this section not sooner than 30 days after notification in writing of the necessity therefor is provided to the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the Chairperson of the Joint Legislative Budget Committee, or the Chairpersons designee, may in each instance determine. (e)The department may enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program. (f)Notwithstanding any other law, contracts issued pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5, and from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. (g)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), the State Department of Social Services may implement and administer this provision without adopting regulations. (h)The Legislature finds and declares that this section is a state law that provides assistance and services for undocumented persons within the meaning of subdivision (d) of Section 1621 of Title 8 of the United States Code. (i)Beginning on October 1, 2022, and annually thereafter until October 1, 2025, the department, in consultation with the Commission on Asian Pacific Islander American Affairs, shall submit a report for the prior fiscal year to the budget committees of both houses. The report shall include a list of the grant recipients and the amounts allocated to each grantee, the supports and services and hate crime prevention measures provided by each grantee, and the geographic location of each grantee.(j)This section shall remain in effect only until June 30, 2026, and as of that date is repealed.SEC. 10.Section 11546.45 is added to the Government Code, immediately following Section 11546.4, to read:11546.45.(a)(1)The Department of Technology shall identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the Department of Technology, for modernization, stabilization or remediation. (2)The Department of Technology shall submit an annual report to the Legislature that includes all of the following:(A)An explanation of how the Department of Technology is prioritizing these efforts across state government. (B)The impediments and risks that could, or issues that already have, led to changes in how the Department of Technology identifies, assesses, and prioritizes these efforts.(3)In accordance with Section 6254.19, nothing in this section shall be construed to require the disclosure of information relating to high-risk, critical information technology services and systems by the Department of Technology, if, on the facts of the particular case, disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of a public agency. (b)(1)Notwithstanding any other law, all state agencies and state entities shall submit information relating to their information technology service contracts, as defined, to the Department of Technology before February 1, 2022, and annually thereafter, in a manner determined by the Department of Technology.(2)The Department of Technology shall analyze the information submitted pursuant to subparagraph (1). (3)After completing the analysis, the Department of Technology shall submit a report to the Legislature, as part of its annual information technology report submitted pursuant to subdivision (e) of Section 11545, that does all of the following:(A)Identifies each service that the Department of Technology believes would be appropriately centralized as shared services contracts.(B)Summarizes market research the department would conduct to estimate the one-time and ongoing costs to the state of each service.(C)Calculates potential offsetting savings to the state from reduced overlap and redundancy of services. (4)After submitting the report, the Department of Technology shall implement a plan to establish centralized contracts for identified shared services, as defined. The plan may include, but is not limited to, a list of existing service contracts of state agencies and state entities to be replaced with centralized service contracts managed by the Department of Technology and a proposed strategy and timeline for the transition from existing service contracts to centralized service contracts. (c)For purposes of this section, the following definitions shall apply:(1)Information technology services and systems contracts means contracts for services and systems, including, but not limited to, cloud services, including Software as a Service, Infrastructure as a Service, and Platform as a Service, on-premises services and systems, information technology personal services, and information technology consulting services for not less than five hundred thousand dollars ($500,000) annually, or such amounts determined by the Department of Technology pursuant to its policy.(2)Shared services means information technology services commonly used across state agencies that may be consolidated under a single contract to achieve cost savings and process efficiencies. SEC. 11.Section 11549.3 of the Government Code is amended to read:11549.3.(a)The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:(1)The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.(2)The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:(A)Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(B)Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.(3)The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.(4)The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan.(5)Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.(6)Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation.(7)Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.(b)All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:(1)Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.(2)Comply with filing requirements and incident notification by providing timely information and reports as required by the office.(c)(1)The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.(2)In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:(A)Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.(B)Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:(i)Personally identifiable information protected by law.(ii)Health information protected by law.(iii)Confidential financial data.(iv)Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:(I)Information asset management.(II)Risk management.(III)Information security program management.(IV)Information security incident management.(V)Technology recovery planning.(C)Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.(3)The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.(d)State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.(e)The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.(f) (1)Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.(2)The results of a completed independent security assessment performed pursuant to subdivision (c), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), including, but not limited to, Section 6254.19.(g)The office may conduct or require to be conducted an audit of information security to ensure program compliance.(h)The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.SEC. 12.Article 10 (commencing with Section 12100.110) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read:10.Energy Unit12100.110.(a)The Energy Unit is hereby created within the Governors Office of Business and Economic Development.(b)The Governor shall appoint a deputy director who shall have direct authority over the Energy Unit and serve at the pleasure of the Governor.(c)The purpose of the Energy Unit is to accelerate the planning, financing, and execution of critical energy infrastructure projects that are necessary for the state to reach its climate, energy, and sustainability policy goals.(d)The Energy Unit shall work with energy project developers and load-serving entities, as defined in Section 380 of the Public Utilities Code, to identify barriers to construction and development of critical energy infrastructure projects and to make recommendations to relevant state agencies and local governments on how to overcome those barriers.(e)The Energy Unit shall create a working group that includes local and federal partners to address land use issues related to critical energy infrastructure projects.(f)In organizing and managing the Energy Unit, the deputy director shall establish and implement a process to coordinate between the states climate and energy agencies in order to identify the critical energy infrastructure projects that will form the operational mandate of the Energy Unit.(g)In operating the Energy Unit, the deputy director shall cooperate with local, regional, federal, and California public and private businesses and investors to eliminate barriers to the completion of critical energy infrastructure projects.(h)The Energy Units work shall complement, not conflict with, efforts by the states climate and energy agencies.(i)This section, and the Energy Units implementation of this section, does not change the regulatory authority of the states climate and energy agencies.(j)(1)On or before February 1 of each year, the Energy Unit shall annually submit a report to the relevant policy and fiscal committees of the Legislature that includes all of the following information:(A)The infrastructure priorities identified for purposes of the prior calendar year.(B)The constituencies coordinated with in order to advance those infrastructure priorities in the prior calendar year.(C)The strategies implemented and steps taken to address barriers to and advance critical energy infrastructure projects in the prior calendar year.(D)Any recommendations to the Legislature that would accelerate the Energy Units progress.(2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. SEC. 13.Section 13332.19 of the Government Code is amended to read:13332.19.(a)For the purposes of this section, the following definitions shall apply:(1)Design-build means a construction procurement process in which both the design and construction of a project are procured from a single entity.(2)Progressive design-build means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project.(3)Design-build project means a capital outlay project using the design-build construction procurement process.(4)Progressive design-build project means a capital outlay project using the progressive design-build construction procurement process.(5)Design-build entity means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed.(6)Design-build solicitation package means the performance criteria, any concept drawings, the form of contract, and all other documents and information that serve as the basis on which bids or proposals will be solicited from the design-build entities for design-build projects.(7)Design-build phase means the period following the award of a contract to a design-build entity for a design-build project in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract.(8)Performance criteria means the information that fully describes the scope of a proposed design-build project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the states needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the states needs.(9)Qualification-based selection means the process by which a state agency solicits for services from the design-build entities for a progressive design-build project.(10)Preconstruction phase means the period following the award of a contract to a design-build entity for a progressive design-build project in which the design-build entity completes design activities and any preconstruction activities necessary to produce a guaranteed maximum price.(11)Guaranteed maximum price means the maximum payment amount agreed upon by the Department of General Services and the design-build entity for the design-build entity to finish all remaining design, preconstruction, and construction activities sufficient to complete and close out a progressive design-build project. If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the progressive design-build project exceed the guaranteed maximum price, the costs exceeding the guaranteed maximum price shall be the responsibility of the design-build entity. If the cost for these activities is less than the guaranteed maximum price, the design-build entity shall not be entitled to the difference between the cost and the guaranteed maximum price. These amounts shall be revert to the fund from which the appropriation was made.(12)Progressive design-build phase means the remaining design and preconstruction activities necessary after the preconstruction phase, and all construction activities, necessary to complete construction and closeout of a progressive design-build project.(b)(1)Except as described in paragraphs (2) and (3), funds appropriated for a design-build project or progressive design-build project shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved performance criteria or the guaranteed maximum price.(2)Paragraph (1) shall not apply to any of the following for funds appropriated for a design-build project:(A)Amounts for acquisition of real property, in fee or any lesser interest.(B)Amounts for equipment.(C)Amounts appropriated for performance criteria.(D)Amounts appropriated for preliminary plans, if the appropriation was made prior to January 1, 2005.(3)Paragraph (1) shall not apply to any of the following for funds appropriated for a progressive design-build project:(A)Amounts for acquisition of real property, in fee or any lesser interest.(B)Amounts for equipment.(C)Amounts appropriated for qualification-based selection.(D)Amounts appropriated for the preconstruction phase.(c)(1)If funds have been expended on the design-build phase or the progressive design-build phase of a project by any state agency prior to the approval of the performance criteria or the guaranteed maximum price by the Department of Finance and the State Public Works Board, all appropriated amounts for the design-build phase or the progressive design-build phase of a project, including all amounts expended on design-build or progressive design-build activities, shall revert to the fund from which the appropriation was made.(2)A design-build project for which a capital outlay appropriation is made shall not be put out to design-build solicitation until the bid package has been approved by the Department of Finance. A substantial change shall not be made to the performance criteria as approved by the board and the Department of Finance without written approval by the Department of Finance. The Department of Finance shall approve any proposed bid or proposal alternates set forth in the design-build solicitation package.(d)The State Public Works Board may augment a design-build project or a progressive design-build project in an amount of up to 20 percent of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each design-build project or a progressive design-build project until the Legislature makes additional funds available for the specific project.(e)In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project.(f)Any augmentation in excess of 10 percent of the amounts appropriated for each design-build project or a progressive design-build project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or their designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or their designee, may in each instance determine.(g)(1)The Department of Finance may change the administratively or legislatively approved scope for major design-build projects or a progressive design-build projects.(2)If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change.(h)The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board approval of performance criteria or guaranteed maximum price for any project when it is determined that the estimated cost of the total project is in excess of 20 percent of the amount recognized by the Legislature.SEC. 14.Section 27361 of the Government Code is amended to read:27361.(a)The fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded shall not exceed ten dollars ($10) for recording the first page and three dollars ($3) for each additional page, to reimburse the county for the costs of services rendered pursuant to this subdivision, except the recorder may charge additional fees as follows:(1)If the printing on printed forms is spaced more than nine lines per vertical inch or more than 22 characters and spaces per inch measured horizontally for not less than three inches in one sentence, the recorder shall charge one dollar ($1) extra for each page or sheet on which printing appears, except, however, the extra charge shall not apply to printed words that are directive or explanatory in nature for completion of the form or on vital statistics forms. Fees collected under this paragraph are not subject to subdivision (b) or (c).(2)If a page or sheet does not conform to the dimensions described in subdivision (a) of Section 27361.5, the recorder shall charge three dollars ($3) extra per page or sheet of the document. The funds generated by the extra charge authorized under this paragraph shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each countys system of recorded documents. Fees collected under this paragraph are not subject to subdivision (b) or (c).(b)One dollar ($1) of each three dollar ($3) fee for each additional page shall be deposited in the county general fund.(c)Notwithstanding Section 68085, one dollar ($1) for recording the first page and one dollar ($1) for each additional page shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each countys system of recorded documents.(d)(1)In addition to all other fees authorized by this section, a county recorder may charge a fee of one dollar ($1) for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded, as authorized by each countys board of supervisors. The funds generated by this fee shall be used only by the county recorder collecting the fee for the purpose of implementing a social security number truncation program pursuant to Article 3.5 (commencing with Section 27300).(2)A county recorder shall not charge the fee described in paragraph (1) after December 31, 2017, unless the county recorder has received reauthorization by the countys board of supervisors. A county recorder shall not seek reauthorization of the fee by the board before June 1, 2017, or after December 31, 2017. In determining the additional period of authorization, the board shall consider the review described in paragraph (4).(3)Notwithstanding paragraph (2), a county recorder who, pursuant to subdivision (c) of Section 27304, secures a revenue anticipation loan, or other outside source of funding, for the implementation of a social security number truncation program, may be authorized to charge the fee described in paragraph (1) for a period not to exceed the term of repayment of the loan or other outside source of funding.(4)A county board of supervisors that authorizes the fee described in this subdivision shall require the county auditor to conduct two reviews to verify that the funds generated by this fee are used only for the purpose of the program, as described in Article 3.5 (commencing with Section 27300) and for conducting these reviews. The reviews shall state the progress of the county recorder in truncating recorded documents pursuant to subdivision (a) of Section 27301, and shall estimate any ongoing costs to the county recorder of complying with subdivisions (a) and (b) of Section 27301. The board shall require that the first review be completed not before June 1, 2012, or after December 31, 2013, and that the second review be completed not before June 1, 2017, or after December 31, 2017. The reviews shall adhere to generally accepted accounting standards, and the review results shall be made available to the public.(e)Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.SEC. 15.Section 27361.2 of the Government Code is amended to read:27361.2.(a)Whenever any instrument, paper, or notice is recorded that contains references to more than one previously recorded document and requires additional indexing by the county recorder to give notice required by law, an additional fee of one dollar ($1) shall be charged for each reference to a previously recorded document, other than the first such reference, requiring additional indexing. References to group mining claims listed on a proof of labor shall be considered as only one reference when they are consecutively numbered or lettered alphabetically, and each break in consecutive numbers or letters shall be considered as an additional mine for fee purposes under this section and shall be so indexed in the index.(b)Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.SEC. 16.Section 27361.4 of the Government Code, as amended by Section 3 of Chapter 41 of the Statutes of 2019, is amended to read:27361.4.(a)The board of supervisors of any county may provide for an additional fee of one dollar ($1) for filing every instrument, paper, or notice for record for any of the following purposes:(1)To defray the cost of converting the county recorders document storage system to micrographics and for restoration and preservation of the county recorders permanent archival microfilm.(2)To implement and fund a county recorder archive program as determined by the county recorder.(3)To implement and maintain or utilize a trusted system, as defined by Section 12168.7, for the permanent preservation of recorded document images.(b)The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (c), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee establishes the days of operation of the county recorders offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Section 135 of the Code of Civil Procedure.(c)The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (b), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee requires that the instrument, paper, or notice be indexed within two business days after the date of recordation.(d)Except as provided in subdivision (g) of Section 6103.8, the fees authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.(e)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 17.Section 27361.4 of the Government Code, as amended by Section 155 of Chapter 370 of the Statutes of 2020, is amended to read:27361.4.(a)The board of supervisors of any county may provide for an additional fee of one dollar ($1) for filing every instrument, paper, or notice for record, in order to defray the cost of converting the county recorders document storage system to micrographics. Upon completion of the conversion and payment of the costs therefor, this additional fee shall no longer be imposed.(b)The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (c), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee establishes the days of operation of the county recorders offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Section 135 of the Code of Civil Procedure.(c)The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (b), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee requires that the instrument, paper, or notice be indexed within two business days after the date of recordation.(d)Except as provided in subdivision (g) of Section 6103.8, the fees authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.(e)This section shall become operative on January 1, 2026.SEC. 18.Section 27361.8 of the Government Code is amended to read:27361.8.(a)Whenever any instrument, paper, or notice is recorded that requires additional indexing by the county recorder to give notice required by law and does not refer to a previously recorded document by reference, as covered in Section 27361.2, an additional fee of one dollar ($1) shall be charged for each group of 10 names or fractional portion thereof after the initial group of 10 names.(b)Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383.SEC. 19.Section 27388 of the Government Code is amended to read:27388.(a)(1)In addition to any other recording fees specified in this code, upon the adoption of a resolution by the county board of supervisors, a fee of up to ten dollars ($10) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county, except those expressly exempted from payment of recording fees and except as provided in paragraph (2). For purposes of this section, real estate instrument means a deed of trust, an assignment of deed of trust, an amended deed of trust, an abstract of judgment, an affidavit, an assignment of rents, an assignment of a lease, a construction trust deed, covenants, conditions, and restrictions (CC&Rs), a declaration of homestead, an easement, a lease, a lien, a lot line adjustment, a mechanics lien, a modification for deed of trust, a notice of completion, a quitclaim deed, a subordination agreement, a release, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, a trustees deed upon sale, or a notice of rescission of declaration of default, or any Uniform Commercial Code amendment, assignment, continuation, statement, or termination. The fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, shall be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund. The amount deducted for administrative costs shall not exceed 10 percent of the fees paid pursuant to this section.(2)The fee imposed by paragraph (1) shall not apply to any real estate instrument, paper, or notice if any of the following apply:(A)The real estate instrument, paper, or notice is accompanied by a declaration stating that the transfer is subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code.(B)The real estate instrument, paper, or notice is recorded concurrently with a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code.(C)The real estate instrument, paper, or notice is presented for recording within the same business day as, and is related to the recording of, a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. A real estate instrument, paper, or notice that is exempt under this subparagraph shall be accompanied by a statement that includes both of the following:(i)A statement that the real estate instrument, paper, or notice is exempt from the fee imposed under paragraph (1).(ii)A statement of the recording date and the recorder identification number or book and page of the previously recorded document.(D)The real estate instrument, paper, or notice is presented for recording by and is for the benefit of the state or any county, municipality, or other political subdivision of the state. (b)Money placed in the Real Estate Fraud Prosecution Trust Fund shall be expended to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes. After deduction of the actual and necessary administrative costs referred to in subdivision (a), 60 percent of the funds shall be distributed to district attorneys subject to review pursuant to subdivision (d), and 40 percent of the funds shall be distributed to local law enforcement agencies within the county in accordance with subdivision (c). In those counties where the investigation of real estate fraud is done exclusively by the district attorney, after deduction of the actual and necessary administrative costs referred to in subdivision (a), 100 percent of the funds shall be distributed to the district attorney, subject to review pursuant to subdivision (d). A portion of the funds may be directly allocated to the county recorder to support county recorder fraud prevention programs, including, but not limited to, the fraud prevention program provided for in Section 27297.7. Prior to establishing or increasing fees pursuant to this section, the board of supervisors may consider support for county recorder fraud prevention programs. The funds so distributed shall be expended for the exclusive purpose of deterring, investigating, and prosecuting real estate fraud crimes.(c)The county auditor or director of finance shall distribute funds in the Real Estate Fraud Prosecution Trust Fund to eligible law enforcement agencies within the county pursuant to subdivision (b), as determined by a Real Estate Fraud Prosecution Trust Fund Committee composed of the district attorney, the county chief administrative officer, the chief officer responsible for consumer protection within the county, and the chief law enforcement officer of one law enforcement agency receiving funding from the Real Estate Fraud Prosecution Trust Fund, the latter being selected by a majority of the other three members of the committee. The chief law enforcement officer shall be a nonvoting member of the committee and shall serve a one-year term, which may be renewed. Members may appoint representatives of their offices to serve on the committee. If a county lacks a chief officer responsible for consumer protection, the county board of supervisors may appoint an appropriate representative to serve on the committee. The committee shall establish and publish deadlines and written procedures for local law enforcement agencies within the county to apply for the use of funds and shall review applications and make determinations by majority vote as to the award of funds using the following criteria:(1)Each law enforcement agency that seeks funds shall submit a written application to the committee setting forth in detail the agencys proposed use of the funds.(2)In order to qualify for receipt of funds, each law enforcement agency submitting an application shall provide written evidence that the agency either:(A)Has a unit, division, or section devoted to the investigation or prosecution of real estate fraud, or both, and the unit, division, or section has been in existence for at least one year prior to the application date.(B)Has on a regular basis, during the three years immediately preceding the application date, accepted for investigation or prosecution, or both, and assigned to specific persons employed by the agency, cases of suspected real estate fraud, and actively investigated and prosecuted those cases.(3)The committees determination to award funds to a law enforcement agency shall be based on, but not be limited to, (A) the number of real estate fraud cases filed in the prior year; (B) the number of real estate fraud cases investigated in the prior year; (C) the number of victims involved in the cases filed; and (D) the total aggregated monetary loss suffered by victims, including individuals, associations, institutions, or corporations, as a result of the real estate fraud cases filed, and those under active investigation by that law enforcement agency.(4)Each law enforcement agency that, pursuant to this section, has been awarded funds in the previous year, upon reapplication for funds to the committee in each successive year, in addition to any information the committee may require in paragraph (3), shall be required to submit a detailed accounting of funds received and expended in the prior year. The accounting shall include (A) the amount of funds received and expended; (B) the uses to which those funds were put, including payment of salaries and expenses, purchase of equipment and supplies, and other expenditures by type; (C) the number of filed complaints, investigations, arrests, and convictions that resulted from the expenditure of the funds; and (D) other relevant information the committee may reasonably require.(d)The county board of supervisors shall annually review the effectiveness of the district attorney in deterring, investigating, and prosecuting real estate fraud crimes based upon information provided by the district attorney in an annual report. The district attorney shall submit the annual report to the board on or before September 1 of each year.(e)A county shall not expend funds held in that countys Real Estate Fraud Prosecution Trust Fund until the countys auditor-controller verifies that the countys district attorney has submitted an annual report for the countys most recent full fiscal year pursuant to the requirements of subdivision (d).(f)The intent of the Legislature in enacting this section is to have an impact on real estate fraud involving the largest number of victims. To the extent possible, an emphasis should be placed on fraud against individuals whose residences are in danger of, or are in, foreclosure as defined in subdivision (b) of Section 1695.1 of the Civil Code. Case filing decisions continue to be at the discretion of the prosecutor.(g)A district attorneys office or a local enforcement agency that has undertaken investigations and prosecutions that will continue into a subsequent program year may receive nonexpended funds from the previous fiscal year subsequent to the annual submission of information detailing the accounting of funds received and expended in the prior year.(h)No money collected pursuant to this section shall be expended to offset a reduction in any other source of funds. Funds from the Real Estate Fraud Prosecution Trust Fund shall be used only in connection with criminal investigations or prosecutions involving recorded real estate documents.SEC. 20.Section 11165.1 of the Health and Safety Code, as added by Section 8 of Chapter 677 of the Statutes of 2019, is amended to read:11165.1.(a)(1)(A)(i)A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, Schedule IV, or Schedule V controlled substances pursuant to Section 11150 shall, upon receipt of a federal Drug Enforcement Administration (DEA) registration, submit an application developed by the department to obtain approval to electronically access information regarding the controlled substance history of a patient that is maintained by the department. Upon approval, the department shall release to the practitioner or their delegate the electronic history of controlled substances dispensed to an individual under the practitioners care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP).(ii)A pharmacist shall, upon licensure, submit an application developed by the department to obtain approval to electronically access information regarding the controlled substance history of a patient that is maintained by the department. Upon approval, the department shall release to the pharmacist or their delegate the electronic history of controlled substances dispensed to an individual under the pharmacists care based on data contained in the CURES PDMP.(iii)A licensed physician and surgeon who does not hold a DEA registration may submit an application developed by the department to obtain approval to electronically access information regarding the controlled substance history of the patient that is maintained by the department. Upon approval, the department shall release to the physician and surgeon or their delegate the electronic history of controlled substances dispensed to a patient under their care based on data contained in the CURES PDMP.(iv)The department shall implement its duties described in clauses (i), (ii), and (iii) upon completion of any technological changes to the CURES database necessary to support clauses (i), (ii), and (iii), or by October 1, 2022, whichever is sooner.(B)The department may deny an application or suspend a subscriber, for reasons that include, but are not limited to, the following:(i)Materially falsifying an application to access information contained in the CURES database.(ii)Failing to maintain effective controls for access to the patient activity report.(iii)Having their federal DEA registration suspended or revoked.(iv)Violating a law governing controlled substances or another law for which the possession or use of a controlled substance is an element of the crime.(v)Accessing information for a reason other than to diagnose or treat a patient, or to document compliance with the law.(C)An authorized subscriber shall notify the department within 30 days of a change to the subscriber account.(D)An approved health care practitioner, pharmacist, or a person acting on behalf of a health care practitioner or pharmacist pursuant to subdivision (b) of Section 209 of the Business and Professions Code may use the departments online portal or a health information technology system that meets the criteria required in subparagraph (E) to access information in the CURES database pursuant to this section. A subscriber who uses a health information technology system that meets the criteria required in subparagraph (E) to access the CURES database may submit automated queries to the CURES database that are triggered by predetermined criteria.(E)An approved health care practitioner or pharmacist may submit queries to the CURES database through a health information technology system if the entity that operates the health information technology system certifies all of the following:(i)The entity will not use or disclose data received from the CURES database for a purpose other than delivering the data to an approved health care practitioner or pharmacist or performing data processing activities that may be necessary to enable the delivery unless authorized by, and pursuant to, state and federal privacy and security laws and regulations.(ii)The health information technology system will authenticate the identity of an authorized health care practitioner or pharmacist initiating queries to the CURES database and, at the time of the query to the CURES database, the health information technology system submits the following data regarding the query to CURES:(I)The date of the query.(II)The time of the query.(III)The first and last name of the patient queried.(IV)The date of birth of the patient queried.(V)The identification of the CURES user for whom the system is making the query.(iii)The health information technology system meets applicable patient privacy and information security requirements of state and federal law.(iv)The entity has entered into a memorandum of understanding with the department that solely addresses the technical specifications of the health information technology system to ensure the security of the data in the CURES database and the secure transfer of data from the CURES database. The technical specifications shall be universal for all health information technology systems that establish a method of system integration to retrieve information from the CURES database. The memorandum of understanding shall not govern, or in any way impact or restrict, the use of data received from the CURES database or impose any additional burdens on covered entities in compliance with the regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 found in Parts 160 and 164 of Title 45 of the Code of Federal Regulations.(F)No later than October 1, 2018, the department shall develop a programming interface or other method of system integration to allow health information technology systems that meet the requirements in subparagraph (E) to retrieve information in the CURES database on behalf of an authorized health care practitioner or pharmacist.(G)The department shall not access patient-identifiable information in an entitys health information technology system.(H)An entity that operates a health information technology system that is requesting to establish an integration with the CURES database shall pay a reasonable fee to cover the cost of establishing and maintaining integration with the CURES database.(I)The department may prohibit integration or terminate a health information technology systems ability to retrieve information in the CURES database if the health information technology system fails to meet the requirements of subparagraph (E), or the entity operating the health information technology system does not fulfill its obligation under subparagraph (H).(2)A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, Schedule IV, or Schedule V controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code.(b)A request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the department.(c)In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, Schedule IV, or Schedule V controlled substances, the department may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual.(d)The history of controlled substances dispensed to an individual based on data contained in CURES that is received by a practitioner or pharmacist from the department pursuant to this section is medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.(e)Information concerning a patients controlled substance history provided to a practitioner or pharmacist pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, 1308.14, and 1308.15 of Title 21 of the Code of Federal Regulations.(f)A health care practitioner, pharmacist, or a person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, is not subject to civil or administrative liability arising from false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for a resulting failure of the CURES database to accurately or timely report that information.(g)For purposes of this section, the following terms have the following meanings:(1)Automated basis means using predefined criteria to trigger an automated query to the CURES database, which can be attributed to a specific health care practitioner or pharmacist.(2)Department means the Department of Justice.(3)Entity means an organization that operates, or provides or makes available, a health information technology system to a health care practitioner or pharmacist.(4)Health information technology system means an information processing application using hardware and software for the storage, retrieval, sharing of or use of patient data for communication, decisionmaking, coordination of care, or the quality, safety, or efficiency of the practice of medicine or delivery of health care services, including, but not limited to, electronic medical record applications, health information exchange systems, or other interoperable clinical or health care information system.(h)This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.SEC. 21.Chapter 1.6 (commencing with Section 24210) is added to Division 20 of the Health and Safety Code, to read:1.6.Forced or Involuntary Sterilization Compensation Program24210.(a)There is hereby established the Forced or Involuntary Sterilization Compensation Program, to be administered by the California Victim Compensation Board.(b)The purpose of the program is to provide victim compensation to the following individuals:(1)Any survivor of state-sponsored sterilization conducted pursuant to eugenics laws that existed in the State of California between 1909 and 1979.(2)Any survivor of coercive sterilization performed on an individual under the custody and control of the Department of Corrections and Rehabilitation after 1979.(c)For purposes of this chapter, the following definitions apply:(1)Board means the California Victim Compensation Board.(2)Program means the Forced or Involuntary Sterilization Compensation Program.(3)Qualified recipient means an individual who is eligible for victim compensation pursuant to this chapter by meeting the following requirements of either eligibility as a survivor of eugenics sterilization or as a survivor of coercive sterilization of imprisoned populations:(A)Eligibility as a survivor of eugenics sterilization requires an individual to meet all of the following requirements:(i)The individual was sterilized pursuant to eugenics laws that existed in the State of California between 1909 and 1979.(ii)The individual was sterilized while the individual was at a facility under the control of the State Department of State Hospitals or the State Department of Developmental Services, including any of the following institutions:(I)Agnews Developmental Center, formerly known as Agnews State Mental Hospital.(II)Atascadero State Hospital.(III)Camarillo State Hospital and Developmental Center.(IV)DeWitt State Hospital.(V)Fairview Developmental Center, formerly known as Fairview State Hospital.(VI)Mendocino State Hospital.(VII)Modesto State Hospital.(VIII)Napa State Hospital, formerly known as Napa State Asylum for the Insane.(IX)Metropolitan State Hospital, formerly known as Norwalk State Hospital.(X)Frank D. Lanterman State Hospital and Developmental Center, formerly known as Pacific State Hospital or Pacific Colony.(XI)Patton State Hospital, formerly known as Southern California State Asylum for the Insane and Inebriates.(XII)Porterville Developmental Center, formerly known as Porterville State Hospital.(XIII)Sonoma Developmental Center, formerly known as Sonoma State Hospital, Sonoma State Home, or California Home for the Care and Training of the Feeble Minded.(XIV)Stockton Developmental Center, formerly known as Stockton State Hospital.(iii)The individual is alive as of the start date of the program.(B)Eligibility as a survivor of coercive sterilization of imprisoned populations requires an individual to meet all of the following requirements:(i)The individual was sterilized while under the custody and control of the Department of Corrections and Rehabilitation and imprisoned in a state prison or reentry facility, community correctional facility, county jail, or any other institution in which they were involuntarily confined or detained under a civil or criminal statute.(ii)The sterilization was not required for the immediate preservation of the individuals life in an emergency medical situation.(iii)The sterilization was not the consequence of a chemical sterilization program administered to convicted sex offenders.(iv)The individuals sterilization meets one of the following requirements:(I)The individual was sterilized for a purpose that was not medically necessary, as determined by contemporaneous standards of evidence-based medicine.(II)The individual was sterilized for the purpose of birth control.(III)The individual was sterilized without demonstrated informed consent, for which evidence of a lack of consent includes, but is not limited to, the following:(ia)Procurement of a pregnant individuals written consent within 30 days of anticipated or actual labor or delivery or less than 72 hours before emergency abdominal surgery and premature delivery.(ib)Procurement of an individuals written consent less than 30 days before sterilization.(ic)Failure of the prison administration to document written informed consent signed by the imprisoned individual.(id)Failure of the prison administration to document the use of interpreters for non-English speakers to ensure understanding by the imprisoned individual of the medical treatment being consented to.(ie)Failure of the prison administration to document the counseling of the imprisoned individual on, and offering a consultation of, treatment options that would not result in loss of reproductive capacity.(if)Failure of the prison administration to document written informed consent to sterilization signed by the imprisoned individual if sterilization is performed in conjunction with or in addition to other surgery.(ig)Failure of prison staff, employees, or agents to comply with requirements of Section 3440 of the Penal Code after its enactment, designed to prohibit and deter coercive sterilization of people in prison.(IV)The sterilization was performed by means that are otherwise prohibited by law or regulation.(4)Start date of the program means the date the program becomes operative pursuant to Section 24212.24211.(a)The board shall do all of the following to implement the program:(1)In consultation with community-based organizations, conduct outreach to locate qualified recipients and notify the qualified recipients of the process through which to apply for victim compensation. The board may use various methods to conduct outreach, including, but not limited to, modalities such as radio announcements, social media posts, and flyers to libraries, social service agencies, long-term care facilities, group homes, supported living organizations, regional centers, and reentry programs. Additionally, the Department of Corrections and Rehabilitation shall post notice of the program, qualifications, and claim process in all California parole and probation offices, and all state prison yards in an area accessible to the prison population.(2)Review and verify all applications for victim compensation.(A)The board shall consult the HIPAA-compliant eugenic sterilization database developed by the Sterilization and Social Justice Lab at the University of Michigan and may consult records of the State Archives to verify the identity of an individual claiming the individual was sterilized pursuant to eugenics laws during the period of 1919 to 1952, inclusive.(B)The board shall consult the records of the State Department of State Hospitals and the State Department of Developmental Services to verify the identity of an individual claiming to have been sterilized pursuant to eugenics laws during the period of 1953 to 1979, inclusive. The State Department of State Hospitals and the State Department of Developmental Services shall make every reasonable effort to locate and share with the board records that will help the board verify claims of individuals sterilized in state institutions from 1953 to 1979, inclusive. This information shall be provided to the board pursuant to the authorizations described in subdivision (aa) of Section 4514 of the Welfare and Institutions Code and paragraph (26) of subdivision (a) of Section 5328 of the Welfare and Institutions Code. The information may include, but is not limited to, documentation of the individuals sterilization, sterilization recommendation, surgical consent forms, relevant court or institutional records, or a sworn statement by the survivor or another individual with personal knowledge of the sterilization. These data may be contained in documents such as institutional reports, annual reports, extant patient records, superintendents files, and administrative records. The board shall maintain the confidentiality of any information received from the State Department of State Hospitals and the State Department of Developmental Services in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and Sections 4514 and 5328 of the Welfare and Institutions Code.(C)The board shall consult the records obtained, collected, and considered within the state audit into coercive sterilizations in California womens prisons to verify the identity of individuals under the custody and control of the Department of Corrections and Rehabilitation who were coercively sterilized during labor and delivery within the scope and timeframe considered by the audit.(D)The board shall consult with the Federal Receiver for Inmate Medical Services and the Department of Corrections and Rehabilitation to identify individuals who were coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation.(E)The board shall consult the records of the Department of Corrections and Rehabilitation and its contracting medical facilities or providers, as necessary, to verify the identity of an individual claiming to have been coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation. The Department of Corrections and Rehabilitation shall make every reasonable effort to locate and share with the board records that will help the board verify claims of individuals sterilized while under state custody and control.(F)The board shall allow a claimant to submit evidence that proves the claimant was either sterilized during the period of 1919 to 1979, inclusive, or was coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation after 1979. The board shall evaluate this evidence by a preponderance of the evidence standard to determine whether it is more likely than not that the claimant is a qualified recipient. The claimants submission of evidence does not relieve the board of its responsibility to verify an individuals identity by consulting the resources described in subparagraphs (A) through (E), inclusive.(G)The board shall not have the discretion to deny compensation to any claimant who is a qualified recipient.(3)Include an area on the application for a claimant to voluntarily report demographic information about gender, race, ethnicity, disability, age, sexual orientation, and gender identity.(4)Affirmatively identify and disclose coercive sterilizations that occurred in California prisons.(A)The board shall affirmatively employ the measures outlined in subparagraphs (C) and (D) of paragraph (2) to identify qualified recipients who were sterilized while in the custody and control of the Department of Corrections and Rehabilitation after 1979 and who have not personally or through an agent filed a claim for compensation.(B)Upon identifying a qualified recipient, the board shall consult with other state and federal agencies and departments to determine contact information for the individual for purposes of disclosing the sterilization. To the extent permitted by federal law governing confidentiality of the applicable information, the board shall consult with additional entities, including, but not limited to, the Department of Corrections and Rehabilitation, the Employment Development Department, the Department of Motor Vehicles, the California Secretary of State, the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Department of Justice, and the Social Security Administration.(C)In consultation with community-based prisoner advocacy organizations and municipal health agencies responsible for communicating risk of exposure to communicable diseases, the board shall develop a culturally competent and technologically appropriate mechanism of disclosing the sterilization and available compensation to qualified recipients. The notification protocol and procedure shall require access to free counseling, culturally and linguistically appropriate notification, and a diversity of communications technologies to maximize the likelihood that disclosure is successfully relayed to the individual. If the review of an individuals qualifications was initiated at an individuals request by the individuals physician, that physician shall be consulted and included in the notification and disclosure process.(D)Upon identifying a qualified recipient who has not already submitted a claim for compensation and obtaining the qualified recipients contact information, the board shall contact the municipal health agency responsible for communicating possible exposure to communicable diseases in that qualified recipients geographic area when developing the notification protocol pursuant to subparagraph (C).(E)Any notification protocol shall include notice of the availability of compensation under this chapter and information on how to submit a claim.(5)Oversee the appeal process.(b)(1)The board shall annually submit a report to the Legislature, including the number of applications submitted, the number of qualified individuals identified who have not filed an application and for whom disclosure is required, the number of disclosures communicated, the number of applications approved, the number of applications denied, the number of claimants paid, the number of appeals submitted, the result of those appeals, and the total amount paid in compensation.(2)The report shall also include data on claimants demographic information, including gender, race, ethnicity, disability, age, sexual orientation, and gender identity, as voluntarily provided on a claimants application form. The report shall also include data about the age a claimant was sterilized and the facility where sterilization occurred, as verified by the board. Demographic information shall be reported in aggregate and the names of individual claimants shall be kept confidential.(3)The report shall also include data on outreach methods or processes used by the board to reach potential claimants.(4)The report shall be submitted in compliance with Section 9795 of the Government Code.(5)The report shall be made available to the public.(c)(1)The board shall develop and implement procedures to receive and process applications for victim compensation under this program no later than six months after the start date of the program.(2)The board shall implement the outreach plan described in paragraph (4) of subdivision (a) beginning six months after the start date of the program.24212.(a)This chapter shall become operative only upon an appropriation in the annual Budget Act or any other act approved by the Legislature for the express purpose of implementing this chapter. Upon appropriation, the board and departments specified in this chapter shall each post a notice on their internet websites informing the public of the date on which the program became operative.(b)The Forced or Involuntary Sterilization Compensation Account is hereby established in the State Treasury, and shall be administered by the California Victim Compensation Board. Any funds appropriated for purposes of this chapter shall be held in this account and shall be used for the purpose of implementing this chapter. Any costs incurred by any state department or agency for these purposes may be reimbursed from this account.24213.(a)(1)An individual seeking victim compensation pursuant to the program shall submit an application to the board beginning six months after the start date of the program and no later than two years and six months after the start date of the program.(2)An individual incarcerated or otherwise under the control of the Department of Corrections and Rehabilitation at the time of filing an application need not exhaust administrative remedies before submitting an application for, or receiving, victim compensation pursuant to the program and shall not be disqualified from receiving compensation based on the individuals incarcerated status.(3)The board shall screen the application and accompanying documentation for completeness. If the board determines that an application is incomplete, it shall notify the claimant or the claimants lawfully authorized representative that the application is not complete in writing by certified mail no later than 30 calendar days following the screening of the application. The notification shall specify the additional documentation required to complete the application. If the application is incomplete, the claimant shall have 60 calendar days from the receipt of the notification to submit the required documentation. If the required documentation is not received within 60 calendar days, the application will be closed and the claimant shall submit a new application if the claimant seeks victim compensation pursuant to the program, to be reviewed without prejudice.(4)The board shall not consider an application or otherwise act on it until the board determines the application is complete with all required documentation.(5)If a claimant receives an adverse claim decision, the claimant may file an appeal to the board within 30 days of the receipt of the notice of decision. After receiving the appeal, the board shall again attempt to verify the claimants identity pursuant to paragraph (2) of subdivision (a) of Section 24211. If the claimants identity cannot be verified, then the claimant shall produce sufficient evidence to establish, by a preponderance of the evidence, that it is more likely than not that the claimant is a qualified recipient. This evidence may include, but is not limited to, documentation of the individuals sterilization, sterilization recommendation, surgical consent forms, relevant court or institutional records, or a sworn statement by the survivor or another individual with personal knowledge of the sterilization. The board shall make a determination on the appeal within 30 days of the date of the appeal and notify the claimant of the decision. A claimant who is successful in an appeal shall receive compensation in accordance with subdivision (b).(b)The board shall award victim compensation to a qualified recipient pursuant to the following payment schedule:(1)A claimant who is determined to be a qualified recipient by the board shall receive an initial payment within 60 days of the boards determination. This initial payment shall be calculated by dividing the funds described in subdivision (b) of Section 24212 for victim compensation payments by the anticipated number of qualified recipients who are expected to apply for compensation, as determined by the board, and then dividing that dollar amount in half.(2)After exhaustion of all appeals arising from the denial of an individuals application, but by no later than two years and nine months after the start date of the program, the board shall send a final payment to all qualified recipients. This final payment shall be calculated by dividing the remaining unencumbered balance of funds described in Section 24212 for victim compensation payments by the total number of qualified recipients.24214.(a)A qualified recipient may assign victim compensation to a trust established for the qualified recipients benefit.(b)(1)The board shall include a provision on the application for victim compensation under this program that a claimant is authorized to designate a beneficiary for the claimants victim compensation.(2)If the claimant dies during the pendency of the claimants application, or after the board determines that the claimant is a qualified recipient, the board shall award the victim compensation to the named beneficiary. If the claimant did not name a beneficiary, then the victim compensation shall remain with the board for expenditure in accordance with subdivision (b) of Section 24213.(c)An application may be made by an individuals legally authorized representative if the individual satisfies the criteria for a qualified recipient, as specified in subdivision (c) of Section 24210.24215.The State Department of State Hospitals, the State Department of Developmental Services, and the Department of Corrections and Rehabilitation, in consultation with stakeholders, including at least one member and one advocate of those who were sterilized under Californias eugenics laws between 1909 to 1979, inclusive, and of those who were sterilized without proper authorization while imprisoned in California state prisons after 1979, shall establish markers or plaques at designated sites that acknowledge the wrongful sterilization of thousands of vulnerable people under eugenics policies and the subsequent sterilization of people in Californias womens prisons caused, in part, by the forgotten lessons of the harms of the eugenics movement.24216.The board shall keep confidential and not disclose to the public any record pertaining to either an individuals application for victim compensation or the boards verification of the application, including, but not limited to, claimant names and demographic information submitted on the application. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 is not a violation of this section.24217.(a)Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be considered any of the following:(1)Taxable income for state tax purposes.(2)Income or resources for purposes of determining the eligibility for, or amount of, any benefits or assistance under any state or local means-tested program.(3)Income or resources in determining the eligibility for, or the amount of, any federal public benefits as provided by the Treatment of Certain Payments in Eugenics Compensation Act (42 U.S.C. Sec. 18501).(4)Community property for the purpose of determining property rights under the Family Code and Probate Code.(b)Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be subject to any of the following:(1)Enforcement of a money judgment under state law.(2)A money judgment in favor of the State Department of Health Care Services for any period of time in which federal law or guidance has not been issued by the federal Centers for Medicare and Medicaid Services requiring the department to recover funds from the payments pursuant to this chapter for reimbursement of qualifying Medi-Cal expenditures. Following the death of a qualified recipient, both of the following shall apply as long as the federal law or guidance has not been issued:(A)The state shall not seek recovery pursuant to Section 14009.5 of the Welfare and Institutions Code of any amount of the payment under the states Medicaid plan established under Title XIX of the Social Security Act.(B)The state shall not file a claim for the payment under Section 529A(f) of the Internal Revenue Code.(3)The collection of owed child support.(4)The collection of court-ordered restitution, fees, or fines.SEC. 22.Section 880 of the Military and Veterans Code is amended to read:880.(a)(1)The department shall, with existing funds or through appropriation by the Legislature, operate a competitive grant program, to be administered by the department. For purposes of this section, existing funds means funding already appropriated to any state department or agency, other than the department, for the purpose of providing services to veterans. The department may enter into memoranda of understanding with other state departments and agencies to implement this section.(2)The department may cover reasonable administrative costs of implementing this section using the funds available for the competitive grant program.(b)(1)Competitive grants shall be awarded to certified California veteran service providers, as defined in Section 881, for purposes of providing supportive services that improve the quality of life for veterans and their families. Supportive services may include, but are not limited to, housing assistance, health services, including mental and behavioral health services, counseling, small business assistance, case management, employment assistance, and job placement.(2)Only a certified California veteran service provider is eligible to be awarded funds under the competitive grant program.(3)Competitive grants shall be awarded in support of the states strategic plan for providing veterans with transitional assistance, as described in Section 90.(c)The department shall, no later than July 1, 2019, develop regulations for the implementation of the program. These standards shall include, but not be limited to, the grant application criteria, application scoring process, data collection, and accountability for grant program expenditures and metrics for evaluation of grants made.(d)Prior to awarding competitive grants under this section, the department shall develop regulations to define criteria for supporting the states strategic plan.(e)All funds appropriated pursuant to this chapter shall be deposited in the Certified Veteran Service Provider Program Fund, which is hereby created in the State Treasury, and shall be available for expenditure by the department and exclusively for the support of the department in carrying out their duties and responsibilities under this chapter.SEC. 23.Section 3502 of the Public Contract Code is amended to read:3502.(a)By January 1, 2022, the department, in consultation with the State Air Resources Board, shall establish, and publish in the State Contracting Manual or a department management memorandum, or make available on the departments internet website, a maximum acceptable global warming potential for each category of eligible materials in accordance with both of the following requirements:(1)The department shall set the maximum acceptable global warming potential at the industry average of facility-specific global warming potential emissions for that material with a phase-in period of not more than two years. The department shall determine the industry average by consulting recognized databases of environmental product declarations. If the department determines that the facility-specific environmental product declarations available do not adequately represent the industry as a whole, it may use industrywide environmental product declarations based on domestic production data in its calculation of the industry average. When determining the industry averages pursuant to this paragraph, the department should include all stages of manufacturing required by the relevant product category rule. However, when setting the initial industry average, the department may exclude emissions that occur during fabrication stages, and make reasonable judgments aligned with the product category rule.(2)The department shall express the maximum acceptable global warming potential as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials. The department may set different maximums for different products within each category and, when more than one set of product category rules exists for a category or set of products, may set a different maximum for each set of product category rules. The global warming potential shall be provided in a manner that is consistent with criteria in an Environmental Product Declaration.(b)The department, by January 1, 2022, shall submit a report to the Legislature that describes the method that the department used to develop the maximum global warming potential for each category of eligible materials pursuant to subdivision (a). The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c)By January 1, 2025, and every three years thereafter, the department shall review the maximum acceptable global warming potential for each category of eligible materials established pursuant to subdivision (a), and may adjust that number downward for any eligible material to reflect industry improvements if the department, based on the process described in paragraph (1) of subdivision (a), determines that the industry average has changed, but the department shall not adjust that number upward for any eligible material. At that time, the department shall update the State Contracting Manual, department management memorandum, or information available on the departments internet website, to reflect that adjustment.SEC. 24.Section 3503 of the Public Contract Code is amended to read:3503.(a)An awarding authority shall require the successful bidder for a contract described in subdivision (b) to submit a current facility-specific Environmental Product Declaration, Type III, as defined by the International Organization for Standardization (ISO) standard 14025, or similarly robust life cycle assessment methods that have uniform standards in data collection consistent with ISO standard 14025, industry acceptance, and integrity, for each eligible material proposed to be used.(b)An awarding authority shall include in a specification for bids for an eligible project that the facility-specific global warming potential for any eligible material does not exceed the maximum acceptable global warming potential for that material determined pursuant to Section 3502. An awarding authority may include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material determined pursuant to Section 3502.(c)A successful bidder for a contract described in subdivision (b) shall not install any eligible materials on the project until that bidder submits a facility-specific Environmental Product Declaration for that material pursuant to subdivision (a).(d)This section shall only apply to a contract entered into on or after July 1, 2022.(e)This section shall not apply to an eligible material for a particular contract if the awarding authority determines, upon written justification published on its internet website, that requiring those eligible materials to comply would be technically infeasible, would result in a significant increase in the project cost or a significant delay in completion, or would result in only one source or manufacturer being able to provide the type of material needed by the state.(f)This section shall not apply if the awarding authority determines that an emergency exists, as defined in Section 1102, or that any of the circumstances described in subdivisions (a) to (d), inclusive, of Section 10122 exist.SEC. 25.Section 3505 of the Public Contract Code is amended to read:3505.The department, by July 1, 2023, shall submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article to reduce global warming potential. The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.SEC. 26.Article 6.5 (commencing with Section 10198) is added to Chapter 1 of Part 2 of Division 2 of the Public Contract Code, to read:6.5.Progressive Design-Build Contracting10198.For purposes of this article, the following definitions shall apply:(a)Best value means a value determined by evaluation of objective criteria that relate to demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Other factors such as price, features, functions, and life-cycle costs may be considered. If the qualifications-based selection process includes estimates of cost as a factor, a best value determination may involve the selection of the lowest cost proposal meeting the interests of the department and meeting the objectives of the project, or a tradeoff between price and other specified factors.(b)Construction subcontract means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team.(c)Department means the Department of General Services.(d)Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.(e)Design-build project means a capital outlay project using the progressive design-build construction procurement process described in this article.(f)Design-build team means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.(g)Director means the Director of General Services or their designee.(h)Guaranteed maximum price means the maximum payment amount agreed upon by the department and the design-build entity for the design-build entity to finish all remaining design, preconstruction, and construction activities sufficient to complete and close out the project.(i)Progressive design-build means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project.(j)Qualifications-based selection means the process by which the department solicits for services from the design-build entities.10198.1.(a)(1)Notwithstanding any other law, and subject to the limitation of paragraph (2), the director may procure progressive design-build contracts.(2)The authority under this article shall apply to no more than three capital outlay projects, which shall be determined jointly by the department and the Department of Finance.(b)The director shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the department relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each department entering into design-build contracts authorized under this article.10198.2.The procurement process for progressive design-build projects shall progress as follows:(a)The department shall prepare and issue a request for qualifications in order to select a design-build entity to execute the project. The request for qualifications shall include, but is not limited to, the following elements:(1)Documentation of the size, type, and desired design character of the project and any other information deemed necessary to describe adequately the departments needs, including the expected cost range, the methodology that will be used by the department to evaluate the design-build entitys qualifications, the procedure for final selection of the design-build entity, and any other information deemed necessary by the department to inform interested parties of the contracting opportunity.(2)Significant factors that the department reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, and all other nonprice-related factors. The department may require that a cost estimate, including the detailed basis for the estimate, be included in the design-build entities responses and consider those costs in evaluating the statements of qualifications.(3)The relative importance or the weight assigned to each of the factors identified in the request for qualifications.(4)A request for statements of qualifications with a template for the statement that is prepared by the department. The department shall require all of the following information in the statement and indicate, in the template, that the following information is required:(A)If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the entitys shareholders, partners, or members known at the time of the statement of qualification submission who will perform work on the project.(B)Evidence that the members of the design-build team have completed, or have demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the design-build entity has the capacity to complete the project.(C)The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration.(D)Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance.(E)Information concerning workers compensation experience history and a worker safety program.(F)If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization.(G)An acceptable safety record. A proposers safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category or if the proposer is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code.(5)The information required under this subdivision shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members.(b)(1)A design-build entity shall not be evaluated for selection unless the entity provides an enforceable commitment to the director that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.(2)This subdivision shall not apply if one or more of the following requirements are met:(A)The department has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement.(B)The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the department prior to January 1, 2022.(C)The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.(3)For purposes of this subdivision, project labor agreement has meaning provided in paragraph (1) of subdivision (b) of Section 2500.(c)At the close of the solicitation period, the department shall review the submissions. The department may evaluate submissions based solely upon the information provided in each design-build entities statement of qualifications. The department may also interview some or all of the design-build entities to further evaluate their qualifications for the project.(d)Notwithstanding any other provision of this code, upon issuance of a contract award, the department shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the departments contract award and the contract file shall provide sufficient information to satisfy an external audit.10198.3.(a)The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the director, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond.(b)The design-build contract shall require errors and omissions insurance coverage for the design elements of the project.(c)The department shall develop a standard form of payment and performance bond for its design-build projects.10198.4.(a)After selecting a design-build entity based upon qualifications, the department may enter into a contract and direct the design-build entity to begin design and preconstruction activities sufficient to establish a guaranteed maximum price for the project.(b)(1)Subject to Section 13332.19 of the Government Code, upon agreement of the guaranteed maximum price for the project, the department, at its sole and absolute discretion, may amend its contract to direct the design-build entity to complete the remaining design, preconstruction, and construction activities sufficient to complete and close out the project, and may add funds not exceeding the guaranteed maximum price to the contract for these activities.(2)If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the project exceed the guaranteed maximum price, the costs exceeding the guaranteed maximum price shall be the responsibility of the design-build entity. If the cost for these activities are less than the guaranteed maximum price, the design-build entity shall not be entitled to the difference between the cost and the guaranteed maximum price. These amounts shall revert to the fund from which the appropriation was made.(c)If the department and the design-build entity do not reach agreement on a guaranteed maximum price, or the department otherwise elects not to amend the design-build entitys contract to complete the remaining work, the department may solicit proposals to complete the project from firms that submitted statements of qualifications pursuant to Section 10198.2. The department may also, upon written determination that it is in the best interest of the state to do so, formally solicit proposals from other design-build entities. Subject to Section 13332.19 of the Government Code, contract award shall be made on a best value basis.10198.5.(a)The department, in each design-build request for qualifications, may identify specific types of subcontractors that shall be included in the design-build entitys statement of qualifications. All construction subcontractors that are identified in the statement of qualifications shall be afforded the protections of Chapter 4 (commencing with Section 4100) of Part 1.(b)Following award of the design-build contract, except for those construction subcontractors listed in the statement of qualifications, the design-build entity shall proceed as listed in this subdivision in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work.(1)Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the department, including a fixed date and time on which qualifications statements, bids, or proposals will be due.(2)Establish reasonable qualification criteria and standards.(3)Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing.(c)Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1.10198.6.(a)If the department elects to award a project pursuant to this article, retention proceeds withheld by the department from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation. Work performed to establish the guaranteed maximum price shall not be subject to retention.(b)In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the department and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required, and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the department and the design-build entity from any payment made by the design-build entity to the subcontractor.10198.7.Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.10198.8.(a)The department shall submit to the Joint Legislative Budget Committee, on or before January 1, 2026, a report containing a description of each public works project procured by the department through the progressive design-build process described in this article that is completed after January 1, 2022, and before December 1, 2025.(b)The report described in subdivision (a) shall include, but is not limited to, all of the following information:(1)The type of project.(2)The gross square footage of the project.(3)The design-build entity that was awarded the project.(4)The estimated and actual project costs.(5)An assessment of the selection process and criteria required by this article.(6)An assessment of the effects of the progressive design-build process described in this article on cost and schedule for the project.(7)The number of specialty subcontractors listed by construction trade type, on each project, that provided design services, but did not meet the target price for their scope of work and therefore did not perform construction services on that project.(8)Whether or not any portion of a design prepared by the specialty subcontractor that did not perform the construction work for that design was used by the department.(9)In instances where the department determined that the guaranteed maximum price of any subcontract exceeded the anticipated target price for that portion of the project, which subcontracts were impacted and on what basis the department determined what the anticipated target price was.(10)The number of specialty subcontractors listed by construction trade type, on each project, that meet the definition of a small business under subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 14837 of the Government Code.(11)The number of specialty subcontractors listed by construction trade type, on each project, that meet the definition of a microbusiness under paragraph (2) of subdivision (d) of Section 14837 of the Government Code.(c)The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 27.Section 25208 is added to the Public Resources Code, to read:25208.(a)By March 1, 2022, and by each March 1 thereafter, until March 1, 2027, the commission shall submit a report to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program.(b)The report shall include both of the following:(1)A description of any changes to guidelines and budget.(2)A summary of past spending, activities funded, and expected changes in funding and activities for the next year.(c)As part of the report, the commission may include information that is already provided in reports submitted to and approved by the Public Utilities Commission, as applicable.(d)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2032.SEC. 28.Section 25403.2 is added to the Public Resources Code, to read:25403.2.(a)Using the moneys appropriated pursuant to Items 3360-105-0001 and 3360-005-0001 of Section 2.00 of the Budget Act of 2021, the commission shall implement and administer a statewide program to incentivize the construction of new multifamily and single-family market-rate residential buildings as all-electric buildings or with energy storage systems. The commission shall provide a combined incentive if a building is both all electric and has an energy storage system.(b)The program implemented and administered pursuant to this section shall be known as the Building Initiative for Low-Emissions Development Program Phase 2.(c)In implementing and administering the Building Initiative for Low-Emissions Development Program Phase 2, the commission shall do all of the following:(1)Before June 30, 2022, develop and approve program guidelines in a public process.(2)Make program applications available within 30 days of the commission approving the guidelines pursuant to paragraph (1).(3)Ensure, to the extent reasonable, that the program incentivizes the construction of buildings as all electric or with energy storage systems that would not have otherwise been constructed as all electric or with energy storage systems but for the Building Initiative for Low-Emissions Development Program Phase 2.(4)Ensure, to the extent reasonable, that the program incentivizes the installation of technologies not otherwise required pursuant to the applicable local and state building codes.(d)A goal of the Building Initiative for Low-Emissions Development Program Phase 2 is to spur significant market adoption of all-electric buildings and energy storage systems.(e)The commission may pay an incentive upfront if not doing so would inhibit participation in the Building Initiative for Low-Emissions Development Program Phase 2. SEC. 29.Section 1601 of the Public Utilities Code is amended to read:1601.For purposes of this chapter, the following terms have the following meanings:(a)Local educational agency means a school district as defined in Section 41302.5 of the Education Code, a charter school that has been granted a charter pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2 of the Education Code, or a regional occupational center established pursuant to Section 52301 of the Education Code that is operated by a joint powers authority and that has an active career technical education advisory committee pursuant to Section 8070 of the Education Code.(b)SRVEVR Program means the School Reopening Ventilation and Energy Efficiency Verification and Repair Program as specified in Article 3 (commencing with Section 1620).(c)Skilled and trained workforce has the same meaning as set forth in Section 2601 of the Public Contract Code.(d)SNPFA Program means the School Noncompliant Plumbing Fixture and Appliance Program as specified in Article 4 (commencing with Section 1630).(e)Underserved community means a community that meets one of the following criteria:(1)Is a disadvantaged community as defined by subdivision (g) of Section 75005 of the Public Resources Code.(2)Is included within the definition of low-income communities as defined by paragraph (2) of subdivision (d) of Section 39713 of Health and Safety Code.(3)Is within an area identified as among the most disadvantaged 25 percent in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen.(4)Is a community in which at least 75 percent of public school students in the project area are eligible to receive free or reduced-price meals under the National School Lunch Program.(5)Is a community located on lands belonging to a federally recognized California Indian tribe.(f)Utility or utilities means both of the following:(1)An electrical corporation with 250,000 or more customer accounts within the state.(2)A gas corporation with 400,000 or more customer accounts within the state.SEC. 30.Section 1615 of the Public Utilities Code is amended to read:1615.(a)(1)The commission shall require each utility to fund the School Energy Efficiency Stimulus Program by allocating their energy efficiency budgets for program years 2021, 2022, and 2023, in both of the following amounts:(A)An amount equal to the applicable percentage of the difference between the budget contained in each utilitys 2020 annual budget advice letter approved as of July 1, 2020, and the annual portfolio funding limitation for program year 2020 as set forth in the 20182025 business plan of each utility as approved and modified in ordering paragraph 45 of the commissions Decision 18-05-041 (May 31, 2019) Decision Addressing Energy Efficiency Business Plans, as modified by Decision 20-02-029 (February 6, 2020) Order Modifying Decision (D.) 18-05-041 and Denying Rehearing of Decision, as Modified. The applicable percentage is 80 percent for program year 2021, 70 percent for program year 2022, and 60 percent for program year 2023.(B)Any carryover amount from unspent and uncommitted energy efficiency funds for program year 2020, 2021, or 2022 to the School Energy Efficiency Stimulus Program for the following years budget.(2)Funding allocations required by this subdivision shall only apply to program years 2021, 2022, and 2023.(3)Any funds allocated towards the School Energy Efficiency Stimulus Program pursuant to this section that remain unspent by the end of each program year may be carried over and contribute to the next years budget for the School Energy Efficiency Stimulus Program until the end of the 2023 energy efficiency program year.(b)(1)This section does not authorize the levy of a charge or any increase in the amount collected pursuant to an existing charge beyond the amounts authorized by the commission in Decision 18-05-041, or as modified by Decision 20-02-029, nor does it add to, or detract from, any existing authority of the commission to levy or increase charges.(2)This subdivision does not change the commissions authority to determine revenue allocation and rate design, including its ability to prioritize customers participating in the California Alternative Rates for Energy or Family Electric Rate Assistance programs when considering appropriate revenue allocation for energy efficiency programs.(c)The Energy Commission shall ensure that moneys from each utility for the School Energy Efficiency Stimulus Program are used for projects located in the service territory of that utility from which the moneys are received.(d)The Energy Commission may use no more than 5 percent, not to exceed five million dollars ($5,000,000) per year, of the SRVEVR Program and the SNPFA Program funds for administrating the programs, including providing technical support to program participants. The commission shall ensure that funds allocated to the Energy Commission pursuant to this section are transferred to an account specified by the Energy Commission within 60 days after the completion of the prior energy efficiency program year.(e)(1)The School Energy Efficiency Stimulus Program Fund was administratively established for the Energy Commission to receive funds allocated pursuant to this chapter.(2)Notwithstanding Section 13340 of the Government Code, the moneys in the School Energy Efficiency Stimulus Program Fund are hereby continuously appropriated to the Energy Commission without regard to fiscal years for the purposes of the School Energy Efficiency Stimulus Program established pursuant to this chapter, including, but not limited to, paying the costs of program administration.(f)All funds allocated in subdivision (a) shall be spent or returned to each utility by December 1, 2026.(g)The Energy Commission may set application and encumbrance deadlines to ensure that the reversion of funds as required by subdivision (f) occurs by December 1, 2026.(h)The Energy Commission shall take steps, consistent with Section 25230 of the Public Resources Code, to ensure that a diverse group of contractors are aware of funding opportunities available through the School Energy Efficiency Stimulus Program.SEC. 31.Section 1604 of the Revenue and Taxation Code is amended to read:1604.(a)(1)In counties of the first class, annually, on the fourth Monday in September, the county board shall meet to equalize the assessment of property on the local roll. It shall continue to meet for that purpose, from time to time, until the business of equalization is disposed of.(2)In all other counties, annually, on the third Monday in July, the county board shall meet to equalize the assessment of property on the local roll. It shall continue to meet for that purpose, from time to time, until the business of equalization is disposed of.(b)(1)An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund, if the applicant states in the application that the application is also intended to constitute a claim for refund pursuant to the provisions of Section 5097.(2)The county board shall have no power to receive or hear any application for a reduction in an escaped assessment made pursuant to Section 531.1 nor a penal assessment levied in respect thereto, nor to reduce those assessments.(c)If the county board fails to hear evidence and fails to make a final determination on the application for reduction in assessment of property within two years of the timely filing of the application, the applicants opinion of value as reflected on the application for reduction in assessment shall be the value upon which taxes are to be levied for the tax year or tax years covered by the application, unless either of the following occurs:(1)The applicant and the county board mutually agree in writing, or on the record, to an extension of time for the hearing.(2)The application for reduction is consolidated for hearing with another application by the same applicant with respect to which an extension of time for the hearing has been granted pursuant to paragraph (1). In no case shall the application be consolidated without the applicants written agreement after the two-year time period has passed or after an extension of the two-year time period previously agreed to by the applicant has expired.The reduction in assessment reflecting the applicants opinion of value shall not be made, however, until two years after the close of the filing period during which the timely application was filed. Further, this subdivision shall not apply to applications for reductions in assessments of property where the applicant has failed to provide full and complete information as required by law or where litigation is pending directly relating to the issues involved in the application.(d)(1)When the applicants opinion of value, as stated on the application, has been placed on the assessment roll pursuant to subdivision (c), and the application requested a reduction in the base year value of an assessment, the applicants opinion of value shall remain on the roll until the county board makes a final determination on the application. The value so determined by the county board, plus appropriate adjustments for the inflation factor, shall be entered on the assessment roll for the fiscal year in which the value is determined. No increased or escape taxes other than those required by a purchase, change in ownership, or new construction, or resulting from application of the inflation factor to the applicants opinion of value shall be levied for the tax years during which the county board failed to act.(2)When the applicants opinion of value has been placed on the assessment roll pursuant to subdivision (c) for any application other than an application requesting a reduction in base year value, the applicants opinion of value shall be enrolled on the assessment roll for the tax year or tax years covered by that application.(e)The county board shall notify the applicant in writing of any decision by that board not to hold a hearing on the applicants application for reduction in assessment within the two-year period specified in subdivision (c) or, if applicable, within the period as modified by subdivision (f). This notice shall also inform the applicant that the applicants opinion of value as reflected on the application for reduction in assessment shall, as a result of the county boards failure to hold a hearing within the prescribed time period, be the value upon which taxes are to be levied in the absence of the application of either paragraph (1) or (2) of subdivision (c).(f)(1)Notwithstanding subdivision (c) or any other law, the two-year deadline by which a county board is required under subdivision (c) to render a final determination on a qualified application shall be extended until December 31, 2021. This extension of the two-year deadline shall apply retroactively to all qualified applications that have a two-year deadline under subdivision (c) occurring during the period beginning on March 4, 2020, through December 31, 2021, inclusive.(2)For purposes of this subdivision, qualified application means a pending application for reduction in assessment of property as described in subdivision (c) that is timely filed with the county board and has a two-year deadline under subdivision (c) occurring during the period beginning on March 4, 2020, through December 31, 2021, inclusive.SEC. 32.Section 4514 of the Welfare and Institutions Code is amended to read:4514.All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases:(a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or the persons guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center.(b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member.(c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which the person may be entitled.(d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and the persons parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member.(e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:DateAs a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable.I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.Signed(f)To the courts, as necessary to the administration of justice.(g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.(h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.(i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code.(j)To the attorney for the person who was sterilized or alleges they have been sterilized, or to the attorney of an individual with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying themselves of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member.(k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or the directors designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after the persons conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.(l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and the childs parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.(m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or the professionals designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code.(n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability.(o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability.(p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or the directors designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code.(2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of the patients treatment unless relevant to the crime involved.(3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.(q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice.(r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation.(s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or the directors designee, may release information or records on behalf of that person if both of the following conditions are met:(1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare.(2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph.(t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released:(A)All information and records that the appointing authority relied upon in issuing the notice of adverse action.(B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.(C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met:(i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.(ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:(I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.(II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action.(III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.(2)For the purposes of this subdivision, the State Personnel Board may issue, before an appeal from adverse action being filed with it, a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.(3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.(4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.(5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.(u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.(v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following:(1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.(2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903.(w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on the consumers own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code.(x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office.(y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly.(z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had directly acquired that information.(aa)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section.SEC. 33.Section 5328 of the Welfare and Institutions Code is amended to read:5328.(a)All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services are confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 are also confidential. Information and records shall be disclosed only in any of the following cases:(1)In communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient, or the patients guardian or conservator, shall be obtained before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not have the medical or psychological responsibility for the patients care.(2)If the patient, with the approval of the physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, or licensed professional clinical counselor, who is in charge of the patient, designates persons to whom information or records may be released, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family. This paragraph does not authorize a licensed marriage and family therapist or licensed professional clinical counselor to provide services or to be in charge of a patients care beyond the therapists or counselors lawful scope of practice.(3)To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which the recipient may be entitled.(4)If the recipient of services is a minor, ward, dependent, or conservatee, and the recipients parent, guardian, guardian ad litem, conservator, or authorized representative designates, in writing, persons to whom records or information may be disclosed, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family.(5)For research, provided that the Director of Health Care Services, the Director of State Hospitals, the Director of Social Services, or the Director of Developmental Services designates by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. The rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:DateAs a condition of doing research concerning persons who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of those persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, and I further agree not to divulge any information obtained in the course of that research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services such that the person who received services is identifiable.I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.(6)To the courts, as necessary to the administration of justice.(7)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.(8)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.(9)If the recipient of services who applies for life or disability insurance designates in writing the insurer to which records or information may be disclosed.(10)To the attorney for the patient in any and all proceedings upon presentation of a release of information signed by the patient, except that when the patient is unable to sign the release, the staff of the facility, upon satisfying itself of the identity of the attorney, and of the fact that the attorney does represent the interests of the patient, may release all information and records relating to the patient, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family.(11)Upon written agreement by a person previously confined in or otherwise treated by a facility, the professional person in charge of the facility or the professional persons designee may release any information, except information that has been given in confidence by members of the persons family, requested by a probation officer charged with the evaluation of the person after the persons conviction of a crime if the professional person in charge of the facility determines that the information is relevant to the evaluation. The agreement shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this paragraph shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.(12)(A)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the provision of child welfare services or the investigation, prevention, identification, management, or treatment of child abuse or neglect pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9. Information obtained pursuant to this paragraph shall not be used in any criminal or delinquency proceeding. This paragraph does not prohibit evidence identical to that contained within the records from being admissible in a criminal or delinquency proceeding, if the evidence is derived solely from means other than this paragraph, as permitted by law.(B)As used in this paragraph, child welfare services means those services that are directed at preventing child abuse or neglect.(13)To county patients rights advocates who have been given knowing voluntary authorization by a client or a guardian ad litem. The client or guardian ad litem, whoever entered into the agreement, may revoke the authorization at any time, either in writing or by oral declaration to an approved advocate.(14)To a committee established in compliance with Section 14725.(15)In providing information as described in Section 7325.5. This paragraph does not permit the release of any information other than that described in Section 7325.5.(16)To the county behavioral health director or the directors designee, or to a law enforcement officer, or to the person designated by a law enforcement agency, pursuant to Sections 5152.1 and 5250.1.(17)If the patient gives consent, information specifically pertaining to the existence of genetically handicapping conditions, as defined in Section 125135 of the Health and Safety Code, may be released to qualified professional persons for purposes of genetic counseling for blood relatives upon request of the blood relative. For purposes of this paragraph, qualified professional persons means those persons with the qualifications necessary to carry out the genetic counseling duties under this paragraph as determined by the genetic disease unit established in the State Department of Health Care Services under Section 125000 of the Health and Safety Code. If the patient does not respond or cannot respond to a request for permission to release information pursuant to this paragraph after reasonable attempts have been made over a two-week period to get a response, the information may be released upon request of the blood relative.(18)If the patient, in the opinion of the patients psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records specified in this section may be released to that person or persons and to law enforcement agencies and county child welfare agencies as the psychotherapist determines is needed for the protection of that person or persons. For purposes of this paragraph, psychotherapist has the same meaning as provided in Section 1010 of the Evidence Code.(19)(A)To the designated officer of an emergency response employee, and from that designated officer to an emergency response employee regarding possible exposure to HIV or AIDS, but only to the extent necessary to comply with the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).(B)For purposes of this paragraph, designated officer and emergency response employee have the same meaning as these terms are used in the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).(C)The designated officer shall be subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the designated officer shall inform the exposed emergency response employee that the employee is also subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV test results.(20)(A)To a law enforcement officer who personally lodges with a facility, as defined in subparagraph (B), a warrant of arrest or an abstract of a warrant showing that the person sought is wanted for a serious felony, as defined in Section 1192.7 of the Penal Code, or a violent felony, as defined in Section 667.5 of the Penal Code. The information sought and released shall be limited to whether or not the person named in the arrest warrant is presently confined in the facility. This subparagraph shall be implemented with minimum disruption to health facility operations and patients, in accordance with Section 5212. If the law enforcement officer is informed that the person named in the warrant is confined in the facility, the officer may not enter the facility to arrest the person without obtaining a valid search warrant or the permission of staff of the facility.(B)For purposes of subparagraph (A), a facility means all of the following:(i)A state hospital, as defined in Section 4001.(ii)A general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, solely with regard to information pertaining to a person with mental illness subject to this section.(iii)An acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code.(iv)A psychiatric health facility, as described in Section 1250.2 of the Health and Safety Code.(v)A mental health rehabilitation center, as described in Section 5675.(vi)A skilled nursing facility with a special treatment program for individuals with mental illness, as described in Sections 51335 and 72445 to 72475, inclusive, of Title 22 of the California Code of Regulations.(21)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to Section 15610.55. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused elder or dependent adult pursuant to Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.(22)(A)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, all of the following information and records may be released:(i)All information and records that the appointing authority relied upon in issuing the notice of adverse action.(ii)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.(iii)The information described in clauses (i) and (ii) may be released only if both of the following conditions are met:(I)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection, has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.(II)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:(ia)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.(ib)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.(ic)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.(B)For purposes of this paragraph, the State Personnel Board may, before any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.(C)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.(D)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.(E)For purposes of this paragraph, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.(23)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.(24)During the provision of emergency services and care, as defined in Section 1317.1 of the Health and Safety Code, the communication of patient information between a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, emergency medical personnel at the scene of an emergency or in an emergency medical transport vehicle, or other professional person or emergency medical personnel at a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.(25)To a business associate or for health care operations purposes, in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations.(26)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section.(b)The amendment of paragraph (4) of subdivision (a) enacted at the 1970 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law.(c)This section is not limited by Section 5150.05 or 5332.SEC. 34.The Legislature hereby finds and declares all of the following:(a)In 1909, California passed the nations third eugenic sterilization law (Chapter 720 of the Statutes of 1909). Between 1909 and 1979, more than 20,000 Californians were sterilized, which made up more than one-third of the 60,000 persons sterilized nationwide in 32 states during that era and more than the amount of people sterilized in the next top four states combined.(b)Californias eugenics laws, which were revised in 1913 (Chapter 363 of the Statutes of 1913) and 1917 (Chapters 489 and 776 of the Statutes of 1917), authorized medical superintendents in state homes and state hospitals to perform asexualization on patients (vasectomies for men and salpingectomies for women) identified as afflicted with mental disease which may have been inherited and is likely to be transmitted to descendants, the various grades of feeblemindedness, those suffering from perversion or marked departures from normal mentality or from disease of a syphilitic nature.(c)California maintained 12 state homes and state hospitals that housed thousands of patients who were committed by the courts, family members, and medical authorities. Although many families, patients, and court officials signed consent forms for sterilization, that action would not meet todays criteria for consent because in some institutions sterilization was a precondition for release, and true voluntariness and autonomy were not possible in the context in which the consent forms were signed.(d)There was little to no oversight of Californias sterilization program, which was implemented during a time in United States history when many reformers believed that sterilization was an important instrument of public health protection that would reduce the number of defectives in society, result in cost savings for welfare programs, and only allow fit people to become parents. The authority granted both to state agencies and medical experts during this era meant that sterilization proceeded with little contestation or pushback from the health establishment or legal system.(e)While the law did not target specific racial or ethnic groups, in practice, labels of mental deficiency and feeblemindedness were applied disproportionately to racial and ethnic minorities, people with actual and perceived disabilities, poor people, and women. During the height of the program, between 1919 and 1952, women and girls were 14 percent more likely to be sterilized than men and boys. Male Latino patients were 23 percent more likely to be sterilized than non-Latino male patients, and female Latina patients were 59 percent more likely to be sterilized than non-Latina female patients.(f)Sterilizations pursuant to Californias eugenics laws persisted for 70 years. The laws were repealed in 1979.(g)On March 11, 2003, Governor Gray Davis apologized for Californias eugenic sterilization program. Attorney General Bill Lockyer issued an apology on the same day.(h)On June 30, 2003, the Senate of the State of California passed a resolution expressing profound regret over the states past role in the eugenics movement and the injustice done to thousands of California men and women, addressing past bigotry and intolerance against the persons with disabilities and others who were viewed as genetically unfit by the eugenics movement, recognizing that all individuals must honor human rights and treat others with respect regardless of race, ethnicity, religious belief, economic status, disability, or illness, and urging every citizen of the state to become familiar with the history of the eugenics movement, in the hope that a more educated and tolerant populace will reject any similar abhorrent pseudoscientific movement should it arise in the future.(i)The State of California recognizes that further involuntary and systematic sterilization abuse occurred during the following periods:(1)Between 1965 and 1975, at least 240 women who delivered babies at the LA County University of Southern California Medical Center were subjected to nonconsensual postpartum tubal ligations. These procedures were carried out overwhelmingly on Mexican-origin mothers who were not informed that they were being sterilized, were coerced into signing sterilization forms, or were misled into giving their signatures.(2)Between 2006 and 2010, at least 144 people imprisoned in Californias womens prisons were sterilized without proper authorization while giving birth. A state audit explicitly to review cases of sterilization during labor and delivery of people in Californias womens prisons during this period found that people had been sterilized without adherence to required protocol, including instances of deficiencies in the informed consent process. Significantly, the audit found that people sterilized included a disproportionate number of people of color and that there was an absence of use of interpreter assistance for imprisoned patients unable to speak or read in English. Additionally, the Senate Budget Committee heard testimony documenting further instances of coercive sterilization occurring in Californias womens prisons outside the limited scope of the audit. As a response, Senate Bill 1135 (Chapter 558 of the Statutes of 2014) was signed into law in 2014 to shine light on and reaffirm prohibition of sterilization for the purpose of birth control in county jails and state prison facilities, and to offer additional protections to imprisoned people surrounding sterilization in medically essential circumstances outside the scope of birth control.(j)The state has not issued an apology for the coerced sterilizations of people in womens prisons occurring after 1979, the date marking the formal abandonment of state eugenic policy.(k)It is unclear if many or all of the sterilized imprisoned people are aware that they were sterilized.(l)The Legislature has expressed its profound regret over the states role in the eugenics movement as the most aggressive eugenics sterilizer in the country. The Legislature also hereby expresses its profound regret over the states past role in coercive sterilizations of people in womens prisons and the injustice done to the people in those prisons and their families and communities.(m)Eugenics and coercive sterilizations were based on contemporary bigotry and intolerance against persons and communities targeted for imprisonment whose fundamental human right to family was devalued and disregarded. All individuals must honor human rights and treat others with respect regardless of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, gender, age, sexual orientation, gender identity, economic status, or imprisonment.(n)The Legislature urges every citizen of the state to become familiar with the history of eugenics, in the hope that a more educated and tolerant populace will reject any similar abhorrent pseudoscientific movement in the future. A failure to appreciate, remember, and recall the horrors of eugenics contributed to conditions under which coercive sterilizations could continue to occur in the context of Californias womens prisons through 2010.SEC. 35.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 36.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.SEC. 37.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 38.The Legislature finds and declares that the fees and deposits waived and refunded pursuant to Section 2 of this act, which adds and repeals Section 19821.1 of the Business and Professions Code, serve the public purpose of protecting the solvency of businesses that were forced to close their doors or limit business due to the coronavirus disease 2019 (COVID-19) pandemic and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.SEC. 39.The Legislature finds and declares that the addition of Section 7902.2 to the Government Code, as provided in Section 8 of this act, relates solely to the determination of appropriations subject to the limit for the state, a city, a county, or a city and county pursuant to Article XIII B of the California Constitution. As added by this act, Section 7902.2 of the Government Code, commencing with the 202021 fiscal year, establishes the intent of the Legislature that funding allocated by the state to a city, county, or city and county from the Local Revenue Fund or Local Revenue Fund 2011 be considered proceeds of taxes for the recipient city, county, or city and county, subject to limitations prescribed in that section. Section 7902.2 of the Government Code, as added by this act, shall not be construed to alter or affect the legal character or status of money received by a city, county or city and county from the Local Revenue Fund or Local Revenue Fund 2011.SEC. 40.The Legislature finds and declares that Section 10 of this act, which adds Section 11546.45 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The state has a very strong interest in protecting its information technology systems from intrusion, because those systems contain confidential information and play a critical role in the performance of the duties of state government. Thus, information regarding the specific vulnerabilities of those systems must be protected to preclude use of that information to facilitate attacks on those systems.SEC. 41. The Legislature finds and declares that Section 20 of this act, which adds Section 24216 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:This act strikes an appropriate balance between the publics right to access information and the need to protect personal information of survivors of state-sponsored sterilization conducted pursuant to eugenics laws that existed in the State of California between 1909 and 1979.SEC. 42.This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. |
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| 3 | + | Amended IN Assembly February 15, 2022 Amended IN Assembly June 27, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 137Introduced by Committee on Budget and Fiscal Review January 08, 2021An act to add and repeal Section 19821.1 of, and to add and repeal Article 6.5 (commencing with Section 7086) of Chapter 9 of Division 3 of, the Business and Professions Code, to amend Sections 24000, 24001, 24002, and 100007 of the Financial Code, to amend Sections 6103.8, 11549.3, 13332.19, 27361, 27361.2, 27361.4, 27361.8, and 27388 of, to add Sections 7902.2 and 11546.45 to, to add Article 10 (commencing with Section 12100.110) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of, and to add and repeal Section 8260 of, the Government Code, to amend Section 11165.1 of, and to add Chapter 1.6 (commencing with Section 24210) to Division 20 of, the Health and Safety Code, to amend Section 880 of the Military and Veterans Code, to amend Sections 3502, 3503, and 3505 of, and to add Article 6.5 (commencing with Section 10198) to Chapter 1 of Part 2 of Division 2 of, the Public Contract Code, to add Section 25403.2 to, and to add and repeal Section 25208 of, the Public Resources Code, to amend Sections 1601 and 1615 of the Public Utilities Code, to amend Section 1604 of the Revenue and Taxation Code, and to amend Sections 4514 and 5328 of the Welfare and Institutions Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget. An act relating to the Budget Act of 2022.LEGISLATIVE COUNSEL'S DIGESTSB 137, as amended, Committee on Budget and Fiscal Review. State government. Budget Act of 2022.This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.(1)Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law requires the board, with the approval of the director of the department, to appoint a registrar of contractors to be the executive officer and secretary of the board and to carry out all of the administrative duties, as specified. Existing law requires the board to receive and review complaints and consumer questions regarding solar energy systems companies and solar contractors and to receive complaints received from state agencies regarding those systems and contractors.This bill would establish the Solar Energy System Restitution Program for the purpose of providing restitution to certain consumers with a solar energy system installed by a contractor on a single-family residence, as specified. The bill would require the board to administer the program, upon appropriation of one-time resources by the Legislature. The bill would require the registrar or their designee to award moneys appropriated to the program only to consumers who are eligible claimants, as specified. The bill would authorize a consumer to claim eligibility for payment pursuant to the program by filing a specified form with the registrar that the bill would require the board to provide. The bill would authorize the registrar or their designee to request from the consumer any additional information or documentation that the registrar or their designee deems necessary to determine eligibility. The bill would require a claim that appears to include false or altered information to be automatically denied, and would make that denial the exclusive remedy. The bill would limit the amount paid pursuant to the program to a consumer to $40,000, and would require the board to deduct the amount the consumer recovered from other sources from the amount payable upon the consumers claim. Subject to appropriation by the Legislature, the bill would authorize the board to expend up to $1,000,000 from the moneys appropriated to the program to employ or contract with persons to administer the program. The bill would require the accounting office of the Department of Consumer Affairs to prepare and submit annually to the board a statement of the condition of the moneys appropriated to the program, as specified. The bill would require the board to display a notice on the boards internet website regarding a licensee whose actions have caused the payment of an award to a consumer under the program for 7 years from the date of the payment. The bill would repeal these provisions on June 30, 2024.(2)Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Existing law requires a person who deals, operates, carries on, conducts, maintains, or exposes for play any controlled game in this state, or who receives any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on any controlled game in this state, to apply for and obtain a valid state gambling license, key employee license, or work permit. Existing law also requires the licensure and regulation of any party or entity that provides proposition player services at gambling establishments, known as third-party providers of proposition players. Existing law requires an applicant for a state gambling license, key employee license, work permit, or third party provider of proposition player services license to pay various annual fees, application renewal fees, and deposits to obtain and maintain those licenses and work permits.This bill would prohibit the department from collecting, and a licensee from being required to pay, any annual fees ordinarily due from a state gambling licensee between January 31, 2020, to July 31, 2021, inclusive, and would require the department to refund any annual fees already paid for a state gambling license that were due between January 31, 2020, and the effective date of the bill. The bill would also prohibit the department from collecting, and a licensee from being required to pay, any annual fees ordinarily due from a third-party provider of proposition player services between September 1, 2020, to August 31, 2022, inclusive, and would require the department to refund any annual license fees already paid by a third-party provider of proposition player services that were due between September 1, 2020, and the effective date of the bill. Additionally, the bill would prohibit the department from collecting, and a licensee or commission-issued work permittee from being required to pay, any renewal application fees or background deposits associated with a renewal application ordinarily due between March 1, 2020, and April 30, 2022, inclusive, and would require the department to refund any renewal application fees or deposits associated with a renewal application already paid by a licensee or commission-issued work permittee that were due between March 1, 2020, and the effective date of this bill.This bill would make related findings and declarations. (3)Existing law, until January 1, 2025, establishes the Financial Empowerment Fund, and provides that moneys in the fund are continuously appropriated to the Commissioner of Financial Protection and Innovation for allocation to fund financial education and financial empowerment programs and services for at-risk populations in California, as specified. Existing law provided for the transfer of $4,000,000 to the fund on July 1, 2020, plus an amount estimated to be reasonable administrative costs. Existing law requires the commissioner to administer an application process, or contract for its administration, that provides grants of up to $100,000 from the fund to applicants that meet specified criteria. Existing law authorizes grant awards of up to $1,000,000 in grant moneys per fiscal year, beginning with the 2020-21 fiscal year, pursuant to this process.This bill would increase the maximum amount of a grant that may be awarded pursuant to the above-described process to $200,000. The bill would increase the maximum amount of grant awards that may be made in a fiscal year to $2,000,000. The bill would delete the reference to the 202021 fiscal year and would correct obsolete. The bill would extend the operation of these provisions generally until January 1, 2030.(4)Existing law, the Debt Collection Licensing Act, prohibits a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation. The act requires an application for a license to include certain elements, including an application fee and investigation fee, the amount of which is determined by the commissioner, to cover costs incurred in processing an application, as specified.This bill would require the application fee described above to be $350 and would require the commissioner to bill and collect the application fee and the investigation fee at the time of initial application.(5)The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. This bill, if the proceeds of taxes of a city, county, or city and county exceeds its appropriations limit for any fiscal year, beginning with the 202021 fiscal year, would require the governing body of the city, county, or city and county to calculate specified amounts, including the amount of proceeds of taxes of the city, county, or city and county attributable to funding received by the city, county, or city and county from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would authorize the governing body of the city, county, or city and county to increase its appropriations limit for the applicable fiscal year based on these calculations. If the governing body of a city, county, or city and county increases its appropriations limit pursuant to these provisions, the bill would require it to notify the Director of Finance within 45 days and, commencing with the 202021 fiscal year, require that the appropriations limit of the state be reduced by the total amount reported by each city, county, or city and county in the fiscal year in which the change is made. The bill would make findings with respect to its provisions.By adding to the duties of local officials with respect to determining the appropriations subject to limitation of local agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(6)Existing law generally prohibits the state and a county, city, district, or other political subdivision, and a public officer or body, acting in their official capacity, from paying or depositing a fee for the filing of any document or paper. Existing law also specifically prohibits a county recorder from charging fees for services rendered to the state, any municipality, county, or other political subdivision, thereof, except for making a copy of a paper or record.Under existing law, the above-described prohibitions do not apply to any fee or charge for recording full releases executed or recorded pursuant to specified law, where there is full satisfaction of the amount due under the lien that is released. Existing law requires that the fee for recording full releases, full releases for any document relating to an agreement to reimburse a county for public aid granted by the county, and full releases for filing any judgment that was in favor of a government agency under these provisions be $6.This bill would, instead, require that the fee for recording full releases as described above be 2 times the fee charged to record the first page of a lien, encumbrance, or notice under specified law, as prescribed in specified provisions.Existing law requires the county recorder to charge and collect specified fees for services performed by the recorders office. Existing law authorizes a fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded to reimburse the county for the costs of specified services related to recording those documents, not to exceed $10 for recording the first page and $3 for each additional page. Existing law authorizes various additional recording fees, to be charged in connection with filing an instrument, paper, or notice, for specified purposes.This bill, except as specified with respect to certain fees for recording a notice of state tax lien and a certificate of release, would expressly prohibit charging the above-described fees for recording, indexing, or filing an instrument, paper, or notice to those entities expressly exempted from the payment of recording fees under specified law.Existing law authorizes a county board of supervisors to adopt a resolution providing for a fee of up to $10 for recording each real estate instrument, paper, or notice required or permitted by law to be recorded, which is in addition to any other recording fees under specified law, and defines the term real estate instrument for these purposes. Existing law requires that the fees paid under these provisions, after deduction for actual and necessary administrative costs, be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund and used for specified purposes. Existing law exempts from this fee any real estate instrument, paper, or notice accompanied by a declaration stating that the transfer is subject to a documentary transfer tax, is recorded concurrently with a transfer subject to a documentary transfer tax, or is presented for recording within the same business day as, and is related to the recording of, a transfer subject to a documentary transfer tax.This bill would additionally exempt from this fee any real estate instrument, paper, or notice presented for recording for the benefit of the state or any county, municipality, or other political subdivision of the state.(7)Existing law, until January 1, 2025, authorizes the Department of General Services, the Military Department, the Department of Corrections and Rehabilitation, and, in a specified instance, the Department of Water Resources to use the design-build procurement process for specified public works.This bill would authorize the Director of General Services to use the progressive design-build procurement process for the construction of up to 3 public works projects, as jointly determined by the Department of General Services and the Department of Finance, and would prescribe that process. Pursuant to the process, after selection of a design-build entity, the bill would authorize the Department of General Services to contract for design and preconstruction services sufficient to establish a guaranteed maximum price, as defined. Upon agreement on a guaranteed maximum price, the bill would authorize the department to amend the contract in its sole discretion, as specified. The bill would require the department to submit, on or before January 1, 2026, to the Joint Legislative Budget Committee a report containing specified information regarding the public works projects, completed during a specified time period, that used the progressive design-build procurement process. The bill would require specified information to be verified under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program.Existing law grants the Department of Finance certain powers in connection with appropriations on design-build construction projects. In this regard, existing law prohibits a state agency from expending funds appropriated for a design-build project until the Department of Finance and the California Public Works Board have approved related performance criteria.This bill would generally apply these provisions to projects delivered by the progressive design-build procurement process and make a variety of conforming changes in connection with these projects.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.(8)Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who also serves as the State Chief Information Officer. Under existing law, the Department of Technology is responsible for the approval and oversight of information technology projects, as specified. Existing law requires the chief information officer of each state agency to develop the enterprise architecture for their agency to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for the agency. Existing law subjects each chief information officers enterprise architecture to the review and approval of the Department of Technology. Existing law requires that a state agency service contract, which would otherwise not be reviewed by the Department of Technology, be subject to review, approval, and oversight by the department if the contract contains an information technology component that would be subject to oversight by the department if it were a separate information technology project.This bill would require the Department of Technology to identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the Department of Technology, for modernization, stabilization, or remediation. The bill would require state agencies and state entities to submit information relating to their information technology service contracts to the Department of Technology before February 1, 2022, and annually thereafter. The bill would require the department to analyze and report this information to the Legislature, as specified. The bill would also require the Department of Technology to implement a plan to establish centralized contracts for identified shared services, as defined.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect. (9)Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of the state. Existing law requires the Chief of the Office of Information Security to establish an information security program, as specified. Existing law authorizes the office to conduct, or require to be conducted, an audit of information security to ensure program compliance and requires the audited entity to fund that audit.This bill would repeal the requirement that the audited entity fund an audit described above.(10)Existing law establishes the Governors Office of Business and Economic Development, known as GO-Biz, within the Governors office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth.This bill would create the Energy Unit within GO-Biz to accelerate the planning, financing, and execution of critical energy infrastructure projects that are necessary for the state to reach its climate, energy, and sustainability policy goals, including by identifying barriers, making recommendations, creating a working group, coordinating between the states climate and energy agencies, and cooperating with local, regional, federal, and California public and private businesses and investors, as specified. The bill would require the Governor to appoint a deputy director who would have direct authority over the Energy Unit and serve at the pleasure of the Governor. The bill would require the Energy Unit, on or before February 1 of each year, to annually submit a report to the relevant policy and fiscal committees of the Legislature with specified information relating to infrastructure priorities and the Energy Units work in the prior calendar year and recommendations to accelerate the Energy Units progress. (11)Existing law establishes the State Department of Social Services in the Health and Welfare Agency and sets forth its powers and duties relating to the administration of various programs relating to public social services. Existing law establishes in state government the Commission on Asian and Pacific Islander American Affairs that, among other things, provides assistance to policymakers and state agencies on identifying the needs or problems affecting Asian and Pacific Islander American communities and in developing appropriate responses and programs. Existing law, the Administrative Procedure Act, generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law.This bill would require the State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, to administer a grant program that provides support and services to victims and survivors of hate crimes and their families and facilitates hate crime prevention measures, as provided. The bill would require the department, in consultation with the commission, to develop a process to award grants to qualified grantees, as specified. The bill would require that, beginning on October 1, 2022, and annually thereafter until October 1, 2025, the department and the commission submit a report for the prior fiscal year containing information about the grant program to the budget committees of both houses. The bill would authorize the department to enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program and would exempt contracts issued pursuant to these provisions from, among other things, the State Contracting Manual. The bill would exempt these provisions from the rulemaking provisions of the Administrative Procedure Act. The bill would make these provisions operative upon appropriation, as specified, and would repeal these provisions on June 30, 2026.(12)Existing law classifies certain controlled substances into Schedules I to V, inclusive. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) database for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, Schedule IV, and Schedule V controlled substances by a health care practitioner authorized to prescribe, order, administer, furnish, or dispense those controlled substances.Existing law, operative on July 1, 2021, or upon the date the department promulgates regulations to implement this provision and posts those regulations on its internet website, whichever date is earlier, requires the above health care practitioner upon receipt of a federal Drug Enforcement Administration (DEA) registration, and a pharmacist upon licensure, and authorizes a licensed physician and surgeon who does not hold a DEA registration, to submit an application developed by the department to obtain approval to electronically access information regarding the controlled substance history of a patient that is maintained by the department. Upon approval, existing law requires the department to release to the applicant or their delegate the electronic history of the person under their care based on data contained in the CURES Prescription Drug Monitoring Program.This bill would require the department to implement its duties described in the above provision upon completion of any technological changes to the CURES database necessary to support that provision, or by October 1, 2022, whichever is sooner.(13)Existing law prohibits sterilization of a person with developmental disabilities without the persons consent, if the person has the ability to consent to sterilization, as defined, unless a limited conservator authorized to consent to the sterilization of an adult with a developmental disability is appointed and obtains court authorization to consent to the sterilization, as specified. Existing law prohibits sterilization for the purpose of birth control in county jails and state prison facilities, as specified.Existing law establishes a procedure for the compensation of victims and derivative victims of certain crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund consisting of General Fund moneys, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. Under existing law, certain property is exempt from enforcement of money judgments, including benefits from a disability or health insurance policy or program.Subject to an appropriation in the annual Budget Act or any other act by the Legislature for this express purpose, the bill would establish the Forced or Involuntary Sterilization Compensation Program, to be administered by the California Victim Compensation Board for the purpose of providing victim compensation to survivors of state-sponsored sterilization conducted pursuant to eugenics laws that existed in California between 1909 and 1979 and to survivors of coercive sterilization performed in prisons after 1979. The bill would establish the Forced or Involuntary Sterilization Compensation Account in the State Treasury, to be administered by the board, and would require funds appropriated for the Forced or Involuntary Sterilization Compensation Program to be held in the account and used for the purpose of this program. The bill would require the board to, among other things in order to implement the program, conduct outreach to locate qualified recipients, as defined, disclose a coerced sterilization to that person if the person was sterilized while imprisoned, notify that person of the process to apply for victim compensation, and review and verify all applications for victim compensation. The bill would require the board to keep confidential, and not disclose to the public, a record pertaining to a persons application for victim compensation or the boards verification of the application. The bill would exempt victim compensation payments from, among other things, being considered taxable income for state tax purposes or being subject to enforcement of a money judgment. The bill would require the board and specified departments, including the State Department of State Hospitals, to post a notice on their internet websites, once the appropriation described above is made, to inform the public of the operative date of the Forced or Involuntary Sterilization Compensation Program.Existing law provides that information and records obtained in the course of providing specified mental health and developmental services are confidential, but allows the disclosure of the information and records under specified circumstances.This bill would additionally authorize the State Department of Developmental Services and the State Department of State Hospitals to disclose the above-described information and records to authorized employees of the board for the purposes of verifying the identity and eligibility of individuals claiming compensation under the Forced or Involuntary Sterilization Compensation Program, or to an attorney for a person who was sterilized or alleges a person was sterilized. The bill would require the board to maintain the confidentiality of any information or records received from these departments.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(14)Existing law requires the Department of Veterans Affairs to establish a competitive grant program, to be administered by the department with existing funds, as defined, for purposes of awarding grant moneys to certified California veteran service providers for purposes of providing services that improve the quality of life for veterans and their families, as specified. Under existing law, the department is authorized to enter into memoranda of understanding with other state departments and agencies to implement these provisions. Existing law requires competitive grants to be awarded in support of the states strategic plan for providing veterans with transition assistance. Existing law requires the department to adopt regulations to implement the program and define criteria for supporting the states strategic plan.This bill would establish the Certified Veteran Service Provider Program Fund. The bill would require that funds appropriated for the competitive grant program be deposited in the fund and available for expenditure by the department exclusively for the support of the department in carrying out its duties relative to the competitive grant program.(15)Existing law, the Buy Clean California Act, requires the Department of General Services, by January 1, 2021, to establish and publish in the State Contracting Manual, in a department management memorandum, or on the departments internet website a maximum acceptable global warming potential for each category of eligible materials, set at the industry average of facility-specific global warming potential emissions for that material. Existing law requires the department to determine the industry average by consulting recognized databases of environmental product declarations. Existing law requires the department, by January 1, 2021, to submit a report to the Legislature describing the method the department used to develop the maximum global warming potential for each category of eligible materials. Existing law requires the department, by January 1, 2024, and every 3 years thereafter, to review the maximum acceptable global warming potential for each category of eligible materials and authorizes the department to adjust the number downward for any eligible material to reflect industry improvements, as provided.This bill would extend the date by which the department is to establish and publish the required information in the State Contracting Manual, in a department management memorandum, or on its internet website to January 1, 2022, and require the department to consult with the State Air Resources Board. The bill, with regard to setting the maximum acceptable global warming potential, would provide that, if the department determines that the facility-specific environmental product declarations available do not adequately represent the industry as a whole, it may use the industrywide environmental product declarations based on domestic production data in its calculation of the industry average. The bill also would extend the date for submitting to the Legislature a report describing the method the department used to develop the maximum global warming potential for each category of eligible materials, and the initial date for reviewing the maximum acceptable global warming potential for each category of eligible materials, to January 1, 2022, and January 1, 2025, respectively.Existing law, among other things, requires an awarding authority, for contracts entered into on or after July 1, 2021, to include in a specification for bids that the facility-specific global warming potential for any eligible material shall not exceed the maximum acceptable global warming potential for that material, as provided, and requires the successful bidder to submit specified information regarding the life cycle of each eligible material proposed to be used.This bill would instead provide that these requirements apply beginning with contracts entered into on or after July 1, 2022.Existing law requires the department, by January 1, 2022, to submit a report to the Legislature on any obstacles to the implementation of the Buy Clean California Act and the effectiveness of the act to reduce global warming potential.This bill would extend the date for submission of the report to July 1, 2023.(16)Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires the PUC to review and accept, modify, or reject a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission), to identify all potentially achievable cost-effective electricity efficiency savings and to establish efficiency targets for electrical corporations to achieve pursuant to their procurement plan. Existing law requires the PUC, in consultation with the Energy Commission, to identify all potentially achievable cost-effective natural gas efficiency savings and to establish efficiency targets for gas corporations to achieve and requires that a gas corporation first meet its unmet resource needs through all available gas efficiency and demand reduction resources that are cost effective, reliable, and feasible. Pursuant to these requirements, electrical corporations and gas corporations have filed, and the PUC approved, various plans to undertake actions to promote energy efficiency that are administered by the utilities or third-party administrators, either individually, regionally, or statewide, as defined. Existing law requires the PUC to require those electrical corporations with 250,000 customer accounts in the state, and those gas corporations with 400,000 or more customer accounts in the state, to establish the joint School Energy Efficiency Stimulus Program within each of their energy efficiency portfolios and to file a joint advice letter by February 1, 2021, to fund the program as part of each of their energy efficiency portfolios. Existing law requires that the School Energy Efficiency Stimulus Program be a joint program among all the participating utilities, be consistent across the utility territories, and be designed, administered, and implemented by the Energy Commission as the third-party program administrator. Existing law requires the PUC to approve the advice letter by March 1, 2021, and to require those large electrical corporations and gas corporations to allocate a specific portion of their energy efficiency budget for program the 2021, 2022, and 2023 calender years to fund the School Energy Efficiency Stimulus Program, as specified. Existing law requires all allocated funds to be spent or returned to the electrical corporation or gas corporation by December 1, 2026. Existing law requires the Energy Commission, in collaboration with those large electrical and gas corporations, to develop and administer the School Reopening Ventilation and Energy Efficiency Verification and Repair Program and the School Noncompliant Plumbing Fixture and Appliance Program as components of the School Energy Efficiency Stimulus Program. Existing law repeals these provisions on January 1, 2027. This bill would revise the programs definition of local educational agency to include certain regional occupational centers, thereby making those regional occupational centers eligible to receive program grants. The bill would provide that the School Energy Efficiency Stimulus Program Fund was administratively established for the Energy Commission to receive funds allocated pursuant to the School Energy Efficiency Stimulus Program and would provide that the fund is continuously appropriated without regard to fiscal years for the purposes of the program, including paying the costs of program administration, thereby making an appropriation. The bill would require the Energy Commission, by March 1, 2022, and by each March 1 thereafter, until March 1, 2027, to submit a report to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program.(17)Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), in consultation with the Public Utilities Commission (PUC), the State Air Resources Board, and the Independent System Operator, by January 1, 2021, to assess the potential for the state to reduce the emissions of greenhouse gases in the states residential and commercial building stock by at least 40% below 1990 levels by January 1, 2030. Existing law requires the PUC, in consultation with the Energy Commission, to develop and supervise the administration of the Building Initiative for Low-Emissions Development (BUILD) Program to require gas corporations to provide incentives to eligible applicants, as defined, for the deployment of near-zero-emission building technologies to significantly reduce the emissions of greenhouse gases from buildings, as specified. Under existing law, the PUC designated the Energy Commission as the administrator for the BUILD Program. This bill would require the Energy Commission, using moneys appropriated pursuant to specified items in the Budget Act of 2021, to implement and administer a new statewide program to incentivize the construction of new multifamily and single-family market-rate residential buildings as all-electric buildings or with energy storage systems, as specified. The bill would name this new program the Building Initiative for Low-Emissions Development Program Phase 2, which would be a separate program from the BUILD Program described above. The bill would require the Energy Commission to develop and approve program guidelines in a public process before June 30, 2022, and to ensure, to the extent reasonable, that the new program incentivizes the construction of all-electric buildings and the installation of energy storage systems and other technologies that would not otherwise be constructed or installed, as specified. (18)Existing property tax law requires county boards to meet to equalize the assessment of property on the local roll, as provided, and authorizes a taxpayer to apply to the county board for an assessment reduction under a variety of circumstances, including for a reduction of the base year value, as defined, of real property. Existing property tax law requires that the applicants opinion of value, as reflected on a timely filed application for reduction in an assessment of property, be the basis for the calculation of property taxes, where the county board has failed to hear evidence and make a final determination on that application within either 2 years of the filing of that application or an extension of that 2-year period. Existing property tax law extends this deadline until March 31, 2021, with respect to applications with a deadline occurring during the period beginning on March 4, 2020, and before March 31, 2021.This bill would further extend the above-described March 31, 2021, extension date to December 31, 2021.(19)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.Digest Key Vote: MAJORITY Appropriation: YESNO Fiscal Committee: YESNO Local Program: YESNO |
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| 4 | + | |
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| 5 | + | Amended IN Assembly February 15, 2022 Amended IN Assembly June 27, 2021 |
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| 6 | + | |
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| 158 | | - | SEC. 2. Section 6013.5.5 of the Business and Professions Code is amended to read:6013.5.5. Subdivision (c) of Section 450 and Sections 450 450.2 to 450.6, inclusive, shall apply to public members appointed or reappointed on or after January 1, 2012. |
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| 159 | | - | |
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| 160 | | - | SEC. 2. Section 6013.5.5 of the Business and Professions Code is amended to read: |
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| 161 | | - | |
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| 162 | | - | ### SEC. 2. |
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| 163 | | - | |
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| 164 | | - | 6013.5.5. Subdivision (c) of Section 450 and Sections 450 450.2 to 450.6, inclusive, shall apply to public members appointed or reappointed on or after January 1, 2012. |
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| 165 | | - | |
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| 166 | | - | 6013.5.5. Subdivision (c) of Section 450 and Sections 450 450.2 to 450.6, inclusive, shall apply to public members appointed or reappointed on or after January 1, 2012. |
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| 167 | | - | |
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| 168 | | - | 6013.5.5. Subdivision (c) of Section 450 and Sections 450 450.2 to 450.6, inclusive, shall apply to public members appointed or reappointed on or after January 1, 2012. |
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| 169 | | - | |
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| 170 | | - | |
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| 171 | | - | |
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| 172 | | - | 6013.5.5. Subdivision (c) of Section 450 and Sections 450 450.2 to 450.6, inclusive, shall apply to public members appointed or reappointed on or after January 1, 2012. |
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| 173 | | - | |
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| 174 | | - | SEC. 3. Section 8016.5 of the Business and Professions Code is repealed.8016.5.(a)The board shall not issue a certificate for the practice of shorthand reporting by means of voice writing or voice recognition technology.(b)It is the intent of the Legislature to address the issue of appropriate regulation of shorthand reporting by means of voice writing or voice recognition technology. |
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| 175 | | - | |
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| 176 | | - | SEC. 3. Section 8016.5 of the Business and Professions Code is repealed. |
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| 177 | | - | |
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| 178 | | - | ### SEC. 3. |
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| 179 | | - | |
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| 180 | | - | 8016.5.(a)The board shall not issue a certificate for the practice of shorthand reporting by means of voice writing or voice recognition technology.(b)It is the intent of the Legislature to address the issue of appropriate regulation of shorthand reporting by means of voice writing or voice recognition technology. |
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| 181 | | - | |
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| 182 | | - | |
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| 183 | | - | |
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| 184 | | - | (a)The board shall not issue a certificate for the practice of shorthand reporting by means of voice writing or voice recognition technology. |
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| 185 | | - | |
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| 186 | | - | |
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| 187 | | - | |
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| 188 | | - | (b)It is the intent of the Legislature to address the issue of appropriate regulation of shorthand reporting by means of voice writing or voice recognition technology. |
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| 189 | | - | |
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| 190 | | - | |
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| 191 | | - | |
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| 192 | | - | SEC. 4. Section 8017 of the Business and Professions Code is amended to read:8017. The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. Nothing in this section shall require the use of a certified shorthand reporter when not otherwise required by law. |
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| 193 | | - | |
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| 194 | | - | SEC. 4. Section 8017 of the Business and Professions Code is amended to read: |
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| 195 | | - | |
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| 196 | | - | ### SEC. 4. |
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| 197 | | - | |
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| 198 | | - | 8017. The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. Nothing in this section shall require the use of a certified shorthand reporter when not otherwise required by law. |
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| 199 | | - | |
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| 200 | | - | 8017. The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. Nothing in this section shall require the use of a certified shorthand reporter when not otherwise required by law. |
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| 201 | | - | |
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| 202 | | - | 8017. The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. Nothing in this section shall require the use of a certified shorthand reporter when not otherwise required by law. |
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| 203 | | - | |
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| 204 | | - | |
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| 205 | | - | |
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| 206 | | - | 8017. The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. Nothing in this section shall require the use of a certified shorthand reporter when not otherwise required by law. |
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| 207 | | - | |
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| 208 | | - | SEC. 5. Section 8017.5 is added to the Business and Professions Code, to read:8017.5. For purposes of this article:(a) Voice writer means a certified shorthand reporter that makes a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. (b) Voice writing means a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. |
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| 209 | | - | |
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| 210 | | - | SEC. 5. Section 8017.5 is added to the Business and Professions Code, to read: |
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| 211 | | - | |
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| 212 | | - | ### SEC. 5. |
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| 213 | | - | |
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| 214 | | - | 8017.5. For purposes of this article:(a) Voice writer means a certified shorthand reporter that makes a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. (b) Voice writing means a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. |
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| 215 | | - | |
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| 216 | | - | 8017.5. For purposes of this article:(a) Voice writer means a certified shorthand reporter that makes a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. (b) Voice writing means a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. |
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| 217 | | - | |
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| 218 | | - | 8017.5. For purposes of this article:(a) Voice writer means a certified shorthand reporter that makes a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. (b) Voice writing means a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. |
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| 219 | | - | |
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| 220 | | - | |
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| 221 | | - | |
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| 222 | | - | 8017.5. For purposes of this article: |
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| 223 | | - | |
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| 224 | | - | (a) Voice writer means a certified shorthand reporter that makes a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. |
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| 225 | | - | |
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| 226 | | - | (b) Voice writing means a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. |
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| 227 | | - | |
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| 228 | | - | SEC. 6. Section 8018 of the Business and Professions Code is amended to read:8018. Any A natural person holding who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a certified shorthand reporter. Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title certified shorthand reporter, or the abbreviation C.S.R., or use any words or symbols indicating or tending to indicate that he, she, they are, or it is is, certified under this chapter. Use of the words stenographer, or reporter, or of the phrases court reporter, deposition reporter, or digital reporter, in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter. |
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| 229 | | - | |
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| 230 | | - | SEC. 6. Section 8018 of the Business and Professions Code is amended to read: |
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| 231 | | - | |
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| 232 | | - | ### SEC. 6. |
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| 233 | | - | |
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| 234 | | - | 8018. Any A natural person holding who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a certified shorthand reporter. Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title certified shorthand reporter, or the abbreviation C.S.R., or use any words or symbols indicating or tending to indicate that he, she, they are, or it is is, certified under this chapter. Use of the words stenographer, or reporter, or of the phrases court reporter, deposition reporter, or digital reporter, in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter. |
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| 235 | | - | |
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| 236 | | - | 8018. Any A natural person holding who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a certified shorthand reporter. Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title certified shorthand reporter, or the abbreviation C.S.R., or use any words or symbols indicating or tending to indicate that he, she, they are, or it is is, certified under this chapter. Use of the words stenographer, or reporter, or of the phrases court reporter, deposition reporter, or digital reporter, in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter. |
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| 237 | | - | |
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| 238 | | - | 8018. Any A natural person holding who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a certified shorthand reporter. Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title certified shorthand reporter, or the abbreviation C.S.R., or use any words or symbols indicating or tending to indicate that he, she, they are, or it is is, certified under this chapter. Use of the words stenographer, or reporter, or of the phrases court reporter, deposition reporter, or digital reporter, in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter. |
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| 239 | | - | |
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| 240 | | - | |
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| 241 | | - | |
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| 242 | | - | 8018. Any A natural person holding who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a certified shorthand reporter. Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title certified shorthand reporter, or the abbreviation C.S.R., or use any words or symbols indicating or tending to indicate that he, she, they are, or it is is, certified under this chapter. Use of the words stenographer, or reporter, or of the phrases court reporter, deposition reporter, or digital reporter, in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter. |
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| 243 | | - | |
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| 244 | | - | SEC. 7. Section 8020 of the Business and Professions Code is amended to read:8020. Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following:(a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records.(b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to machine shorthand shall include voice writing.(c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting. reporting or voice writing.(d) A passing grade on the California state hearing reporters examination.(e) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California. |
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| 245 | | - | |
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| 246 | | - | SEC. 7. Section 8020 of the Business and Professions Code is amended to read: |
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| 247 | | - | |
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| 248 | | - | ### SEC. 7. |
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| 249 | | - | |
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| 250 | | - | 8020. Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following:(a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records.(b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to machine shorthand shall include voice writing.(c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting. reporting or voice writing.(d) A passing grade on the California state hearing reporters examination.(e) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California. |
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| 251 | | - | |
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| 252 | | - | 8020. Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following:(a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records.(b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to machine shorthand shall include voice writing.(c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting. reporting or voice writing.(d) A passing grade on the California state hearing reporters examination.(e) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California. |
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| 253 | | - | |
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| 254 | | - | 8020. Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following:(a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records.(b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to machine shorthand shall include voice writing.(c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting. reporting or voice writing.(d) A passing grade on the California state hearing reporters examination.(e) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California. |
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| 255 | | - | |
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| 256 | | - | |
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| 257 | | - | |
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| 258 | | - | 8020. Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following: |
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| 259 | | - | |
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| 260 | | - | (a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records. |
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| 261 | | - | |
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| 262 | | - | (b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to machine shorthand shall include voice writing. |
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| 263 | | - | |
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| 264 | | - | (c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting. reporting or voice writing. |
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| 265 | | - | |
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| 266 | | - | (d) A passing grade on the California state hearing reporters examination. |
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| 267 | | - | |
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| 268 | | - | (e) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California. |
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| 269 | | - | |
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| 270 | | - | SEC. 8. Section 8024 of the Business and Professions Code is amended to read:8024. (a) All certificates issued under pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed.(b) (1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1).(3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first. (c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following:(a)(1) Apply for renewal on a form prescribed by the board.(b)(2) Pay the renewal fee prescribed by this chapter.(c)(3) Notify the board whether he or she has they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensees last renewal. |
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| 271 | | - | |
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| 272 | | - | SEC. 8. Section 8024 of the Business and Professions Code is amended to read: |
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| 273 | | - | |
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| 274 | | - | ### SEC. 8. |
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| 275 | | - | |
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| 276 | | - | 8024. (a) All certificates issued under pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed.(b) (1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1).(3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first. (c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following:(a)(1) Apply for renewal on a form prescribed by the board.(b)(2) Pay the renewal fee prescribed by this chapter.(c)(3) Notify the board whether he or she has they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensees last renewal. |
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| 277 | | - | |
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| 278 | | - | 8024. (a) All certificates issued under pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed.(b) (1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1).(3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first. (c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following:(a)(1) Apply for renewal on a form prescribed by the board.(b)(2) Pay the renewal fee prescribed by this chapter.(c)(3) Notify the board whether he or she has they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensees last renewal. |
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| 279 | | - | |
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| 280 | | - | 8024. (a) All certificates issued under pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed.(b) (1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1).(3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.(4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first. (c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following:(a)(1) Apply for renewal on a form prescribed by the board.(b)(2) Pay the renewal fee prescribed by this chapter.(c)(3) Notify the board whether he or she has they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensees last renewal. |
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| 281 | | - | |
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| 282 | | - | |
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| 283 | | - | |
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| 284 | | - | 8024. (a) All certificates issued under pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed. |
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| 285 | | - | |
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| 286 | | - | (b) (1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both. |
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| 287 | | - | |
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| 288 | | - | (2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1). |
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| 289 | | - | |
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| 290 | | - | (3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both. |
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| 291 | | - | |
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| 292 | | - | (4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first. |
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| 293 | | - | |
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| 294 | | - | (c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following: |
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| 295 | | - | |
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| 296 | | - | (a) |
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| 297 | | - | |
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| 298 | | - | |
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| 299 | | - | |
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| 300 | | - | (1) Apply for renewal on a form prescribed by the board. |
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| 301 | | - | |
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| 302 | | - | (b) |
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| 303 | | - | |
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| 304 | | - | |
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| 305 | | - | |
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| 306 | | - | (2) Pay the renewal fee prescribed by this chapter. |
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| 307 | | - | |
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| 308 | | - | (c) |
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| 309 | | - | |
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| 310 | | - | |
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| 311 | | - | |
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| 312 | | - | (3) Notify the board whether he or she has they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensees last renewal. |
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| 313 | | - | |
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| 314 | | - | SEC. 9. Section 8024.8 is added to the Business and Professions Code, to read:8024.8. (a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification.(b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units.(c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files. |
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| 315 | | - | |
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| 316 | | - | SEC. 9. Section 8024.8 is added to the Business and Professions Code, to read: |
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| 317 | | - | |
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| 318 | | - | ### SEC. 9. |
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| 319 | | - | |
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| 320 | | - | 8024.8. (a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification.(b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units.(c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files. |
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| 321 | | - | |
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| 322 | | - | 8024.8. (a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification.(b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units.(c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files. |
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| 323 | | - | |
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| 324 | | - | 8024.8. (a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification.(b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units.(c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files. |
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| 325 | | - | |
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| 326 | | - | |
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| 327 | | - | |
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| 328 | | - | 8024.8. (a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification. |
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| 329 | | - | |
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| 330 | | - | (b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units. |
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| 331 | | - | |
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| 332 | | - | (c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files. |
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| 333 | | - | |
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| 334 | | - | SEC. 10. Section 100000.5 of the Financial Code is amended to read: (a)Except as set forth in this section, this division shall become operative on January 1, 2022. (b)Commencing January 1, 2021, the commissioner shall take all actions necessary to prepare to be able, commencing January 1, 2022, to fully enforce the licensing and regulatory provisions of this division, including, but not limited to, adoption of all necessary regulations. (c)100000.5. (a) The commissioner shall allow any debt collector that submits an application prior to before January 1, 2022, 2023, to operate pending the approval or denial of the application.(b) (1) Notwithstanding Section 100011, the commissioner may issue a conditional license to an applicant pending compliance with the requirements of subdivisions (a) to (c), inclusive, of Section 100008.(2) A conditional license issued pursuant to this subdivision shall expire at the earliest of the following:(A) Ninety days after the requirements of Sections 100007, 100008, and 100009 have been satisfied.(B) Upon the issuance of an unconditional license.(C) Ninety days after the commissioner directs the licensee in writing to submit fingerprints for submission to the Department of Justice pursuant to Section 100008, if the licensee fails to submit a set of fingerprints for each individual described in Section 100009.(D) Upon the denial, pursuant to Section 100012, of a license application.(c) The commissioner may deny an application under Section 100012 at any time before the issuance of an unconditional license. |
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| 335 | | - | |
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| 336 | | - | SEC. 10. Section 100000.5 of the Financial Code is amended to read: |
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| 337 | | - | |
|---|
| 338 | | - | ### SEC. 10. |
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| 339 | | - | |
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| 340 | | - | (a)Except as set forth in this section, this division shall become operative on January 1, 2022. (b)Commencing January 1, 2021, the commissioner shall take all actions necessary to prepare to be able, commencing January 1, 2022, to fully enforce the licensing and regulatory provisions of this division, including, but not limited to, adoption of all necessary regulations. (c)100000.5. (a) The commissioner shall allow any debt collector that submits an application prior to before January 1, 2022, 2023, to operate pending the approval or denial of the application.(b) (1) Notwithstanding Section 100011, the commissioner may issue a conditional license to an applicant pending compliance with the requirements of subdivisions (a) to (c), inclusive, of Section 100008.(2) A conditional license issued pursuant to this subdivision shall expire at the earliest of the following:(A) Ninety days after the requirements of Sections 100007, 100008, and 100009 have been satisfied.(B) Upon the issuance of an unconditional license.(C) Ninety days after the commissioner directs the licensee in writing to submit fingerprints for submission to the Department of Justice pursuant to Section 100008, if the licensee fails to submit a set of fingerprints for each individual described in Section 100009.(D) Upon the denial, pursuant to Section 100012, of a license application.(c) The commissioner may deny an application under Section 100012 at any time before the issuance of an unconditional license. |
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| 341 | | - | |
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| 342 | | - | (a)Except as set forth in this section, this division shall become operative on January 1, 2022. (b)Commencing January 1, 2021, the commissioner shall take all actions necessary to prepare to be able, commencing January 1, 2022, to fully enforce the licensing and regulatory provisions of this division, including, but not limited to, adoption of all necessary regulations. (c)100000.5. (a) The commissioner shall allow any debt collector that submits an application prior to before January 1, 2022, 2023, to operate pending the approval or denial of the application.(b) (1) Notwithstanding Section 100011, the commissioner may issue a conditional license to an applicant pending compliance with the requirements of subdivisions (a) to (c), inclusive, of Section 100008.(2) A conditional license issued pursuant to this subdivision shall expire at the earliest of the following:(A) Ninety days after the requirements of Sections 100007, 100008, and 100009 have been satisfied.(B) Upon the issuance of an unconditional license.(C) Ninety days after the commissioner directs the licensee in writing to submit fingerprints for submission to the Department of Justice pursuant to Section 100008, if the licensee fails to submit a set of fingerprints for each individual described in Section 100009.(D) Upon the denial, pursuant to Section 100012, of a license application.(c) The commissioner may deny an application under Section 100012 at any time before the issuance of an unconditional license. |
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| 343 | | - | |
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| 344 | | - | (a)Except as set forth in this section, this division shall become operative on January 1, 2022. (b)Commencing January 1, 2021, the commissioner shall take all actions necessary to prepare to be able, commencing January 1, 2022, to fully enforce the licensing and regulatory provisions of this division, including, but not limited to, adoption of all necessary regulations. (c)100000.5. (a) The commissioner shall allow any debt collector that submits an application prior to before January 1, 2022, 2023, to operate pending the approval or denial of the application.(b) (1) Notwithstanding Section 100011, the commissioner may issue a conditional license to an applicant pending compliance with the requirements of subdivisions (a) to (c), inclusive, of Section 100008.(2) A conditional license issued pursuant to this subdivision shall expire at the earliest of the following:(A) Ninety days after the requirements of Sections 100007, 100008, and 100009 have been satisfied.(B) Upon the issuance of an unconditional license.(C) Ninety days after the commissioner directs the licensee in writing to submit fingerprints for submission to the Department of Justice pursuant to Section 100008, if the licensee fails to submit a set of fingerprints for each individual described in Section 100009.(D) Upon the denial, pursuant to Section 100012, of a license application.(c) The commissioner may deny an application under Section 100012 at any time before the issuance of an unconditional license. |
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| 345 | | - | |
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| 346 | | - | (a)Except as set forth in this section, this division shall become operative on January 1, 2022. (b)Commencing January 1, 2021, the commissioner shall take all actions necessary to prepare to be able, commencing January 1, 2022, to fully enforce the licensing and regulatory provisions of this division, including, but not limited to, adoption of all necessary regulations. (c) |
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| 347 | | - | |
|---|
| 348 | | - | (a)Except as set forth in this section, this division shall become operative on January 1, 2022. |
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| 349 | | - | |
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| 350 | | - | |
|---|
| 351 | | - | |
|---|
| 352 | | - | (b)Commencing January 1, 2021, the commissioner shall take all actions necessary to prepare to be able, commencing January 1, 2022, to fully enforce the licensing and regulatory provisions of this division, including, but not limited to, adoption of all necessary regulations. |
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| 353 | | - | |
|---|
| 354 | | - | |
|---|
| 355 | | - | |
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| 356 | | - | (c) |
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| 357 | | - | |
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| 358 | | - | |
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| 359 | | - | |
|---|
| 360 | | - | 100000.5. (a) The commissioner shall allow any debt collector that submits an application prior to before January 1, 2022, 2023, to operate pending the approval or denial of the application. |
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| 361 | | - | |
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| 362 | | - | (b) (1) Notwithstanding Section 100011, the commissioner may issue a conditional license to an applicant pending compliance with the requirements of subdivisions (a) to (c), inclusive, of Section 100008. |
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| 363 | | - | |
|---|
| 364 | | - | (2) A conditional license issued pursuant to this subdivision shall expire at the earliest of the following: |
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| 365 | | - | |
|---|
| 366 | | - | (A) Ninety days after the requirements of Sections 100007, 100008, and 100009 have been satisfied. |
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| 367 | | - | |
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| 368 | | - | (B) Upon the issuance of an unconditional license. |
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| 369 | | - | |
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| 370 | | - | (C) Ninety days after the commissioner directs the licensee in writing to submit fingerprints for submission to the Department of Justice pursuant to Section 100008, if the licensee fails to submit a set of fingerprints for each individual described in Section 100009. |
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| 371 | | - | |
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| 372 | | - | (D) Upon the denial, pursuant to Section 100012, of a license application. |
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| 373 | | - | |
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| 374 | | - | (c) The commissioner may deny an application under Section 100012 at any time before the issuance of an unconditional license. |
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| 375 | | - | |
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| 376 | | - | SEC. 11. Section 100002 of the Financial Code is amended to read:100002. For purposes of this division, the following terms have the following meanings:(a) Applicant means a person who applied for a license pursuant to this division.(b) California debtor accounts means accounts that are owned by consumers who reside in California at the time that the consumer makes a payment on the account.(c) Collection agency means a business entity through which a debt collector or an association of debt collectors engage in debt collection.(d) Commissioner means the Commissioner of Business Oversight. Financial Protection and Innovation.(e) Consumer credit transaction means a transaction between a natural person and another person in which property, services, or money is acquired on credit by that natural person from the other person primarily for personal, family, or household purposes.(f) Consumer debt or consumer credit means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a natural person by reason of a consumer credit transaction. The term consumer debt includes a mortgage debt. The term consumer debt includes charged-off consumer debt as defined in Section 1788.50 of the Civil Code.(g) Creditor means a person who extends consumer credit to a debtor.(h) Debt means money, property, or their equivalent that is due or owning or alleged to be due or owing from a natural person to another person.(i) Debt collection means any act or practice in connection with the collection of consumer debt.(j) Debt collector means any person who, in the ordinary course of business, regularly, on the persons own behalf or on behalf of others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters and other collection media used or intended to be used for debt collection. The term debt collector includes debt buyer as defined in Section 1788.50 of the Civil Code.(k) Debtor means a natural person from whom a debt collector seeks to collect a consumer debt that is due or owing or alleged to be due or owing from the person.(l) Department means the Department of Business Oversight. Financial Protection and Innovation.(m) Fund means the Debt Collection Licensing Fund established pursuant to Section 100006.5.(n) Licensee means a person licensed licensed, conditionally or unconditionally, pursuant to this chapter.(o) Nationwide Multistate Licensing System & Registry means a system of record, created by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, for nondepository, financial services licensing or registration in participating state agencies, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam.(p) Person means a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other similar entity. |
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| 377 | | - | |
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| 378 | | - | SEC. 11. Section 100002 of the Financial Code is amended to read: |
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| 379 | | - | |
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| 380 | | - | ### SEC. 11. |
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| 381 | | - | |
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| 382 | | - | 100002. For purposes of this division, the following terms have the following meanings:(a) Applicant means a person who applied for a license pursuant to this division.(b) California debtor accounts means accounts that are owned by consumers who reside in California at the time that the consumer makes a payment on the account.(c) Collection agency means a business entity through which a debt collector or an association of debt collectors engage in debt collection.(d) Commissioner means the Commissioner of Business Oversight. Financial Protection and Innovation.(e) Consumer credit transaction means a transaction between a natural person and another person in which property, services, or money is acquired on credit by that natural person from the other person primarily for personal, family, or household purposes.(f) Consumer debt or consumer credit means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a natural person by reason of a consumer credit transaction. The term consumer debt includes a mortgage debt. The term consumer debt includes charged-off consumer debt as defined in Section 1788.50 of the Civil Code.(g) Creditor means a person who extends consumer credit to a debtor.(h) Debt means money, property, or their equivalent that is due or owning or alleged to be due or owing from a natural person to another person.(i) Debt collection means any act or practice in connection with the collection of consumer debt.(j) Debt collector means any person who, in the ordinary course of business, regularly, on the persons own behalf or on behalf of others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters and other collection media used or intended to be used for debt collection. The term debt collector includes debt buyer as defined in Section 1788.50 of the Civil Code.(k) Debtor means a natural person from whom a debt collector seeks to collect a consumer debt that is due or owing or alleged to be due or owing from the person.(l) Department means the Department of Business Oversight. Financial Protection and Innovation.(m) Fund means the Debt Collection Licensing Fund established pursuant to Section 100006.5.(n) Licensee means a person licensed licensed, conditionally or unconditionally, pursuant to this chapter.(o) Nationwide Multistate Licensing System & Registry means a system of record, created by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, for nondepository, financial services licensing or registration in participating state agencies, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam.(p) Person means a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other similar entity. |
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| 383 | | - | |
|---|
| 384 | | - | 100002. For purposes of this division, the following terms have the following meanings:(a) Applicant means a person who applied for a license pursuant to this division.(b) California debtor accounts means accounts that are owned by consumers who reside in California at the time that the consumer makes a payment on the account.(c) Collection agency means a business entity through which a debt collector or an association of debt collectors engage in debt collection.(d) Commissioner means the Commissioner of Business Oversight. Financial Protection and Innovation.(e) Consumer credit transaction means a transaction between a natural person and another person in which property, services, or money is acquired on credit by that natural person from the other person primarily for personal, family, or household purposes.(f) Consumer debt or consumer credit means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a natural person by reason of a consumer credit transaction. The term consumer debt includes a mortgage debt. The term consumer debt includes charged-off consumer debt as defined in Section 1788.50 of the Civil Code.(g) Creditor means a person who extends consumer credit to a debtor.(h) Debt means money, property, or their equivalent that is due or owning or alleged to be due or owing from a natural person to another person.(i) Debt collection means any act or practice in connection with the collection of consumer debt.(j) Debt collector means any person who, in the ordinary course of business, regularly, on the persons own behalf or on behalf of others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters and other collection media used or intended to be used for debt collection. The term debt collector includes debt buyer as defined in Section 1788.50 of the Civil Code.(k) Debtor means a natural person from whom a debt collector seeks to collect a consumer debt that is due or owing or alleged to be due or owing from the person.(l) Department means the Department of Business Oversight. Financial Protection and Innovation.(m) Fund means the Debt Collection Licensing Fund established pursuant to Section 100006.5.(n) Licensee means a person licensed licensed, conditionally or unconditionally, pursuant to this chapter.(o) Nationwide Multistate Licensing System & Registry means a system of record, created by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, for nondepository, financial services licensing or registration in participating state agencies, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam.(p) Person means a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other similar entity. |
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| 385 | | - | |
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| 386 | | - | 100002. For purposes of this division, the following terms have the following meanings:(a) Applicant means a person who applied for a license pursuant to this division.(b) California debtor accounts means accounts that are owned by consumers who reside in California at the time that the consumer makes a payment on the account.(c) Collection agency means a business entity through which a debt collector or an association of debt collectors engage in debt collection.(d) Commissioner means the Commissioner of Business Oversight. Financial Protection and Innovation.(e) Consumer credit transaction means a transaction between a natural person and another person in which property, services, or money is acquired on credit by that natural person from the other person primarily for personal, family, or household purposes.(f) Consumer debt or consumer credit means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a natural person by reason of a consumer credit transaction. The term consumer debt includes a mortgage debt. The term consumer debt includes charged-off consumer debt as defined in Section 1788.50 of the Civil Code.(g) Creditor means a person who extends consumer credit to a debtor.(h) Debt means money, property, or their equivalent that is due or owning or alleged to be due or owing from a natural person to another person.(i) Debt collection means any act or practice in connection with the collection of consumer debt.(j) Debt collector means any person who, in the ordinary course of business, regularly, on the persons own behalf or on behalf of others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters and other collection media used or intended to be used for debt collection. The term debt collector includes debt buyer as defined in Section 1788.50 of the Civil Code.(k) Debtor means a natural person from whom a debt collector seeks to collect a consumer debt that is due or owing or alleged to be due or owing from the person.(l) Department means the Department of Business Oversight. Financial Protection and Innovation.(m) Fund means the Debt Collection Licensing Fund established pursuant to Section 100006.5.(n) Licensee means a person licensed licensed, conditionally or unconditionally, pursuant to this chapter.(o) Nationwide Multistate Licensing System & Registry means a system of record, created by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, for nondepository, financial services licensing or registration in participating state agencies, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam.(p) Person means a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other similar entity. |
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| 387 | | - | |
|---|
| 388 | | - | |
|---|
| 389 | | - | |
|---|
| 390 | | - | 100002. For purposes of this division, the following terms have the following meanings: |
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| 391 | | - | |
|---|
| 392 | | - | (a) Applicant means a person who applied for a license pursuant to this division. |
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| 393 | | - | |
|---|
| 394 | | - | (b) California debtor accounts means accounts that are owned by consumers who reside in California at the time that the consumer makes a payment on the account. |
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| 395 | | - | |
|---|
| 396 | | - | (c) Collection agency means a business entity through which a debt collector or an association of debt collectors engage in debt collection. |
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| 397 | | - | |
|---|
| 398 | | - | (d) Commissioner means the Commissioner of Business Oversight. Financial Protection and Innovation. |
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| 399 | | - | |
|---|
| 400 | | - | (e) Consumer credit transaction means a transaction between a natural person and another person in which property, services, or money is acquired on credit by that natural person from the other person primarily for personal, family, or household purposes. |
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| 401 | | - | |
|---|
| 402 | | - | (f) Consumer debt or consumer credit means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a natural person by reason of a consumer credit transaction. The term consumer debt includes a mortgage debt. The term consumer debt includes charged-off consumer debt as defined in Section 1788.50 of the Civil Code. |
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| 403 | | - | |
|---|
| 404 | | - | (g) Creditor means a person who extends consumer credit to a debtor. |
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| 405 | | - | |
|---|
| 406 | | - | (h) Debt means money, property, or their equivalent that is due or owning or alleged to be due or owing from a natural person to another person. |
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| 407 | | - | |
|---|
| 408 | | - | (i) Debt collection means any act or practice in connection with the collection of consumer debt. |
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| 409 | | - | |
|---|
| 410 | | - | (j) Debt collector means any person who, in the ordinary course of business, regularly, on the persons own behalf or on behalf of others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters and other collection media used or intended to be used for debt collection. The term debt collector includes debt buyer as defined in Section 1788.50 of the Civil Code. |
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| 411 | | - | |
|---|
| 412 | | - | (k) Debtor means a natural person from whom a debt collector seeks to collect a consumer debt that is due or owing or alleged to be due or owing from the person. |
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| 413 | | - | |
|---|
| 414 | | - | (l) Department means the Department of Business Oversight. Financial Protection and Innovation. |
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| 415 | | - | |
|---|
| 416 | | - | (m) Fund means the Debt Collection Licensing Fund established pursuant to Section 100006.5. |
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| 417 | | - | |
|---|
| 418 | | - | (n) Licensee means a person licensed licensed, conditionally or unconditionally, pursuant to this chapter. |
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| 419 | | - | |
|---|
| 420 | | - | (o) Nationwide Multistate Licensing System & Registry means a system of record, created by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, for nondepository, financial services licensing or registration in participating state agencies, the District of Columbia, Puerto Rico, the United States Virgin Islands, and Guam. |
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| 421 | | - | |
|---|
| 422 | | - | (p) Person means a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other similar entity. |
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| 423 | | - | |
|---|
| 424 | | - | SEC. 12. Section 100013 of the Financial Code is amended to read:100013. (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application.(b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner shall may deem the application abandoned.(c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license. |
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| 425 | | - | |
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| 426 | | - | SEC. 12. Section 100013 of the Financial Code is amended to read: |
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| 427 | | - | |
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| 428 | | - | ### SEC. 12. |
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| 429 | | - | |
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| 430 | | - | 100013. (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application.(b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner shall may deem the application abandoned.(c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license. |
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| 431 | | - | |
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| 432 | | - | 100013. (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application.(b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner shall may deem the application abandoned.(c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license. |
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| 433 | | - | |
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| 434 | | - | 100013. (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application.(b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner shall may deem the application abandoned.(c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license. |
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| 435 | | - | |
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| 436 | | - | |
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| 437 | | - | |
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| 438 | | - | 100013. (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application. |
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| 439 | | - | |
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| 440 | | - | (b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner shall may deem the application abandoned. |
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| 441 | | - | |
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| 442 | | - | (c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license. |
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| 443 | | - | |
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| 444 | | - | SEC. 13. Section 1357 is added to the Fish and Game Code, to read:1357. (a) The board may authorize advance payments on a contract or grant under this chapter pursuant to subdivision (d) of Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 445 | | - | |
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| 446 | | - | SEC. 13. Section 1357 is added to the Fish and Game Code, to read: |
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| 447 | | - | |
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| 448 | | - | ### SEC. 13. |
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| 449 | | - | |
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| 450 | | - | 1357. (a) The board may authorize advance payments on a contract or grant under this chapter pursuant to subdivision (d) of Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 451 | | - | |
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| 452 | | - | 1357. (a) The board may authorize advance payments on a contract or grant under this chapter pursuant to subdivision (d) of Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 453 | | - | |
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| 454 | | - | 1357. (a) The board may authorize advance payments on a contract or grant under this chapter pursuant to subdivision (d) of Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 455 | | - | |
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| 456 | | - | |
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| 457 | | - | |
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| 458 | | - | 1357. (a) The board may authorize advance payments on a contract or grant under this chapter pursuant to subdivision (d) of Section 11019.1 of the Government Code. |
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| 459 | | - | |
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| 460 | | - | (b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 461 | | - | |
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| 462 | | - | SEC. 14. Section 7903 of the Government Code is amended to read:7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 2021-22 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) End the Epidemics-Sexually Transmitted Infections: Sexually Transmitted Disease Prevention transmitted disease prevention and Collaboration Grants to Local Health Jurisdictions control activities (Section 120511 of the Health and Safety Code).(E) Foundation Support for Future vital public health activities (Article 7 (commencing with Section 101320) of Public Health (Item 4265-111-0001 of Chapter 3 of Part 3 of Division 101 of the Budget Action of 2022). Health and Safety Code).(F) County Administration administration for Medi-Cal Eligibility eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services Case Management program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Section 124035 (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified Pre precare and Post Care Services postcare services for Individuals Treated individuals treated in Short-Term Residential Therapeutic Programs short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental Health Plan Costs health plan costs for Continuum of Care Reform, (paragraph (4) Reform (Sections 4096.5 and 11462.01 of subdivision (c) of Section 36 of Article XIII of the California Constitution). Welfare and Institutions Code).(N) Mobile Crisis Services (Chapter 1 (commencing with Section 5960) crisis services (Section 14132.57 of Part 7 of Division 5 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Item (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Provision 18, funds distributed from the Mental Health Services Act (Section Fund pursuant to Section 5892 of the Welfare and Institutions Code). Code.(Q) Drug Medi-Cal Organized Delivery System organized delivery system, excluding Narcotic Treatment Program services (Section [ ] 14184.401 of the Welfare and Institutions Code) Code).(R) Specialty Mental Health Services, Drug Medi-Cal, excluding Narcotic Treatment Program services, and Drug Medi-Cal Organized Delivery System, excluding Narcotic Treatment Program service services (Section 14124.12 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program, (Item Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022 Provision 17). 2022).(T) Mental Health Services Oversight and Accountability Commission, Mental Health Student Services Act Partnership Grant Program partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and [ ] 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program, Program (Chapter 25 of the Statutes of 2016 (Assembly Bill 1603 (Ch. 25, Stats. 2016)). No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey, (EO Roomkey (Executive Order No. N-32-20 (Item [ ]of and Item 5180-151-0001 of the Budget Act of 2019 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item [ ] 5180-493 of the Budget Act of 2021)). 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of [ ]). 2022).(AE) Adult Protective Services (Item [ ] (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Budget Act of 2021). Welfare and Institutions Code).(AF) Adult Corrections corrections and Rehabilitation Operations-Institution Administration (Sections 1228 to 1233.11, inclusive, of, and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of, of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections Planning planning and Grant Programs grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 5, 2002 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Sections 14130 to 14132, inclusive, Title 10.2 (commencing with Section 14130) of the Penal Code, Senate Chapter 337 of the Statutes of 2020 (Senate Bill 823 (Ch. 337, Stats 2020), No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (SB 119 (Ch. 9, Stats. 2022), (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of [ ]). 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of [ ]). 2021).(AK) Department of Cannabis Control, Grant 2021, Control grant (Item 1115-101-0001 of the Budget Act of [ ] 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural Land Burning land burning in San Joaquin Valley (Item 3900-101-0001 Provision (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Item 3970-101-0001 Provision (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for Fire fire and Rescue, (Item 0690-101-0001 Provision rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Item 0690-101-0001 Provision (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Item 0690-101-0001 Provision (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Sections 50216 to 50223, inclusive, (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment Resolution Grants (Sections 50250 to 50254, inclusive, resolution grants (Chapter 7 (commencing with Section 50250) and Sections 50255 to 50259, inclusive, Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Section (Sections 50675.1.1 and the following to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs (Control contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021). 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(d) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
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| 463 | | - | |
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| 464 | | - | SEC. 14. Section 7903 of the Government Code is amended to read: |
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| 465 | | - | |
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| 466 | | - | ### SEC. 14. |
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| 467 | | - | |
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| 468 | | - | 7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 2021-22 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) End the Epidemics-Sexually Transmitted Infections: Sexually Transmitted Disease Prevention transmitted disease prevention and Collaboration Grants to Local Health Jurisdictions control activities (Section 120511 of the Health and Safety Code).(E) Foundation Support for Future vital public health activities (Article 7 (commencing with Section 101320) of Public Health (Item 4265-111-0001 of Chapter 3 of Part 3 of Division 101 of the Budget Action of 2022). Health and Safety Code).(F) County Administration administration for Medi-Cal Eligibility eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services Case Management program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Section 124035 (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified Pre precare and Post Care Services postcare services for Individuals Treated individuals treated in Short-Term Residential Therapeutic Programs short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental Health Plan Costs health plan costs for Continuum of Care Reform, (paragraph (4) Reform (Sections 4096.5 and 11462.01 of subdivision (c) of Section 36 of Article XIII of the California Constitution). Welfare and Institutions Code).(N) Mobile Crisis Services (Chapter 1 (commencing with Section 5960) crisis services (Section 14132.57 of Part 7 of Division 5 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Item (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Provision 18, funds distributed from the Mental Health Services Act (Section Fund pursuant to Section 5892 of the Welfare and Institutions Code). Code.(Q) Drug Medi-Cal Organized Delivery System organized delivery system, excluding Narcotic Treatment Program services (Section [ ] 14184.401 of the Welfare and Institutions Code) Code).(R) Specialty Mental Health Services, Drug Medi-Cal, excluding Narcotic Treatment Program services, and Drug Medi-Cal Organized Delivery System, excluding Narcotic Treatment Program service services (Section 14124.12 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program, (Item Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022 Provision 17). 2022).(T) Mental Health Services Oversight and Accountability Commission, Mental Health Student Services Act Partnership Grant Program partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and [ ] 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program, Program (Chapter 25 of the Statutes of 2016 (Assembly Bill 1603 (Ch. 25, Stats. 2016)). No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey, (EO Roomkey (Executive Order No. N-32-20 (Item [ ]of and Item 5180-151-0001 of the Budget Act of 2019 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item [ ] 5180-493 of the Budget Act of 2021)). 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of [ ]). 2022).(AE) Adult Protective Services (Item [ ] (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Budget Act of 2021). Welfare and Institutions Code).(AF) Adult Corrections corrections and Rehabilitation Operations-Institution Administration (Sections 1228 to 1233.11, inclusive, of, and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of, of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections Planning planning and Grant Programs grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 5, 2002 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Sections 14130 to 14132, inclusive, Title 10.2 (commencing with Section 14130) of the Penal Code, Senate Chapter 337 of the Statutes of 2020 (Senate Bill 823 (Ch. 337, Stats 2020), No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (SB 119 (Ch. 9, Stats. 2022), (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of [ ]). 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of [ ]). 2021).(AK) Department of Cannabis Control, Grant 2021, Control grant (Item 1115-101-0001 of the Budget Act of [ ] 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural Land Burning land burning in San Joaquin Valley (Item 3900-101-0001 Provision (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Item 3970-101-0001 Provision (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for Fire fire and Rescue, (Item 0690-101-0001 Provision rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Item 0690-101-0001 Provision (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Item 0690-101-0001 Provision (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Sections 50216 to 50223, inclusive, (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment Resolution Grants (Sections 50250 to 50254, inclusive, resolution grants (Chapter 7 (commencing with Section 50250) and Sections 50255 to 50259, inclusive, Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Section (Sections 50675.1.1 and the following to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs (Control contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021). 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(d) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
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| 469 | | - | |
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| 470 | | - | 7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 2021-22 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) End the Epidemics-Sexually Transmitted Infections: Sexually Transmitted Disease Prevention transmitted disease prevention and Collaboration Grants to Local Health Jurisdictions control activities (Section 120511 of the Health and Safety Code).(E) Foundation Support for Future vital public health activities (Article 7 (commencing with Section 101320) of Public Health (Item 4265-111-0001 of Chapter 3 of Part 3 of Division 101 of the Budget Action of 2022). Health and Safety Code).(F) County Administration administration for Medi-Cal Eligibility eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services Case Management program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Section 124035 (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified Pre precare and Post Care Services postcare services for Individuals Treated individuals treated in Short-Term Residential Therapeutic Programs short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental Health Plan Costs health plan costs for Continuum of Care Reform, (paragraph (4) Reform (Sections 4096.5 and 11462.01 of subdivision (c) of Section 36 of Article XIII of the California Constitution). Welfare and Institutions Code).(N) Mobile Crisis Services (Chapter 1 (commencing with Section 5960) crisis services (Section 14132.57 of Part 7 of Division 5 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Item (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Provision 18, funds distributed from the Mental Health Services Act (Section Fund pursuant to Section 5892 of the Welfare and Institutions Code). Code.(Q) Drug Medi-Cal Organized Delivery System organized delivery system, excluding Narcotic Treatment Program services (Section [ ] 14184.401 of the Welfare and Institutions Code) Code).(R) Specialty Mental Health Services, Drug Medi-Cal, excluding Narcotic Treatment Program services, and Drug Medi-Cal Organized Delivery System, excluding Narcotic Treatment Program service services (Section 14124.12 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program, (Item Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022 Provision 17). 2022).(T) Mental Health Services Oversight and Accountability Commission, Mental Health Student Services Act Partnership Grant Program partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and [ ] 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program, Program (Chapter 25 of the Statutes of 2016 (Assembly Bill 1603 (Ch. 25, Stats. 2016)). No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey, (EO Roomkey (Executive Order No. N-32-20 (Item [ ]of and Item 5180-151-0001 of the Budget Act of 2019 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item [ ] 5180-493 of the Budget Act of 2021)). 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of [ ]). 2022).(AE) Adult Protective Services (Item [ ] (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Budget Act of 2021). Welfare and Institutions Code).(AF) Adult Corrections corrections and Rehabilitation Operations-Institution Administration (Sections 1228 to 1233.11, inclusive, of, and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of, of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections Planning planning and Grant Programs grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 5, 2002 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Sections 14130 to 14132, inclusive, Title 10.2 (commencing with Section 14130) of the Penal Code, Senate Chapter 337 of the Statutes of 2020 (Senate Bill 823 (Ch. 337, Stats 2020), No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (SB 119 (Ch. 9, Stats. 2022), (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of [ ]). 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of [ ]). 2021).(AK) Department of Cannabis Control, Grant 2021, Control grant (Item 1115-101-0001 of the Budget Act of [ ] 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural Land Burning land burning in San Joaquin Valley (Item 3900-101-0001 Provision (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Item 3970-101-0001 Provision (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for Fire fire and Rescue, (Item 0690-101-0001 Provision rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Item 0690-101-0001 Provision (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Item 0690-101-0001 Provision (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Sections 50216 to 50223, inclusive, (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment Resolution Grants (Sections 50250 to 50254, inclusive, resolution grants (Chapter 7 (commencing with Section 50250) and Sections 50255 to 50259, inclusive, Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Section (Sections 50675.1.1 and the following to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs (Control contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021). 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(d) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
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| 471 | | - | |
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| 472 | | - | 7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 2021-22 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) End the Epidemics-Sexually Transmitted Infections: Sexually Transmitted Disease Prevention transmitted disease prevention and Collaboration Grants to Local Health Jurisdictions control activities (Section 120511 of the Health and Safety Code).(E) Foundation Support for Future vital public health activities (Article 7 (commencing with Section 101320) of Public Health (Item 4265-111-0001 of Chapter 3 of Part 3 of Division 101 of the Budget Action of 2022). Health and Safety Code).(F) County Administration administration for Medi-Cal Eligibility eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services Case Management program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Section 124035 (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified Pre precare and Post Care Services postcare services for Individuals Treated individuals treated in Short-Term Residential Therapeutic Programs short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental Health Plan Costs health plan costs for Continuum of Care Reform, (paragraph (4) Reform (Sections 4096.5 and 11462.01 of subdivision (c) of Section 36 of Article XIII of the California Constitution). Welfare and Institutions Code).(N) Mobile Crisis Services (Chapter 1 (commencing with Section 5960) crisis services (Section 14132.57 of Part 7 of Division 5 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Item (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Provision 18, funds distributed from the Mental Health Services Act (Section Fund pursuant to Section 5892 of the Welfare and Institutions Code). Code.(Q) Drug Medi-Cal Organized Delivery System organized delivery system, excluding Narcotic Treatment Program services (Section [ ] 14184.401 of the Welfare and Institutions Code) Code).(R) Specialty Mental Health Services, Drug Medi-Cal, excluding Narcotic Treatment Program services, and Drug Medi-Cal Organized Delivery System, excluding Narcotic Treatment Program service services (Section 14124.12 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program, (Item Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022 Provision 17). 2022).(T) Mental Health Services Oversight and Accountability Commission, Mental Health Student Services Act Partnership Grant Program partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and [ ] 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program, Program (Chapter 25 of the Statutes of 2016 (Assembly Bill 1603 (Ch. 25, Stats. 2016)). No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey, (EO Roomkey (Executive Order No. N-32-20 (Item [ ]of and Item 5180-151-0001 of the Budget Act of 2019 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item [ ] 5180-493 of the Budget Act of 2021)). 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of [ ]). 2022).(AE) Adult Protective Services (Item [ ] (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Budget Act of 2021). Welfare and Institutions Code).(AF) Adult Corrections corrections and Rehabilitation Operations-Institution Administration (Sections 1228 to 1233.11, inclusive, of, and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of, of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections Planning planning and Grant Programs grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 5, 2002 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Sections 14130 to 14132, inclusive, Title 10.2 (commencing with Section 14130) of the Penal Code, Senate Chapter 337 of the Statutes of 2020 (Senate Bill 823 (Ch. 337, Stats 2020), No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (SB 119 (Ch. 9, Stats. 2022), (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of [ ]). 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of [ ]). 2021).(AK) Department of Cannabis Control, Grant 2021, Control grant (Item 1115-101-0001 of the Budget Act of [ ] 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural Land Burning land burning in San Joaquin Valley (Item 3900-101-0001 Provision (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Item 3970-101-0001 Provision (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for Fire fire and Rescue, (Item 0690-101-0001 Provision rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Item 0690-101-0001 Provision (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Item 0690-101-0001 Provision (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Sections 50216 to 50223, inclusive, (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment Resolution Grants (Sections 50250 to 50254, inclusive, resolution grants (Chapter 7 (commencing with Section 50250) and Sections 50255 to 50259, inclusive, Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Section (Sections 50675.1.1 and the following to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs (Control contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021). 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(d) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
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| 473 | | - | |
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| 474 | | - | |
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| 475 | | - | |
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| 476 | | - | 7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention. |
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| 477 | | - | |
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| 478 | | - | (b) (1) Commencing with the 2021-22 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following: |
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| 479 | | - | |
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| 480 | | - | (A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code). |
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| 481 | | - | |
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| 482 | | - | (B) Black Infant Health Program (Section 123255 of the Health and Safety Code). |
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| 483 | | - | |
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| 484 | | - | (C) California Home Visiting Program (Section 123255 of the Health and Safety Code). |
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| 485 | | - | |
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| 486 | | - | (D) End the Epidemics-Sexually Transmitted Infections: Sexually Transmitted Disease Prevention transmitted disease prevention and Collaboration Grants to Local Health Jurisdictions control activities (Section 120511 of the Health and Safety Code). |
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| 487 | | - | |
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| 488 | | - | (E) Foundation Support for Future vital public health activities (Article 7 (commencing with Section 101320) of Public Health (Item 4265-111-0001 of Chapter 3 of Part 3 of Division 101 of the Budget Action of 2022). Health and Safety Code). |
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| 489 | | - | |
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| 490 | | - | (F) County Administration administration for Medi-Cal Eligibility eligibility (Section 14154 of the Welfare and Institutions Code). |
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| 491 | | - | |
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| 492 | | - | (G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code). |
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| 493 | | - | |
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| 494 | | - | (H) Case management services under the California Childrens Services Case Management program (Section 123850 of the Health and Safety Code). |
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| 495 | | - | |
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| 496 | | - | (I) Child Health and Disability Prevention Program (Section 124035 (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code). |
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| 497 | | - | |
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| 498 | | - | (J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code). |
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| 499 | | - | |
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| 500 | | - | (K) Specified Pre precare and Post Care Services postcare services for Individuals Treated individuals treated in Short-Term Residential Therapeutic Programs short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code). |
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| 501 | | - | |
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| 502 | | - | (L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code). |
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| 503 | | - | |
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| 504 | | - | (M) Mental Health Plan Costs health plan costs for Continuum of Care Reform, (paragraph (4) Reform (Sections 4096.5 and 11462.01 of subdivision (c) of Section 36 of Article XIII of the California Constitution). Welfare and Institutions Code). |
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| 505 | | - | |
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| 506 | | - | (N) Mobile Crisis Services (Chapter 1 (commencing with Section 5960) crisis services (Section 14132.57 of Part 7 of Division 5 of the Welfare and Institutions Code). |
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| 507 | | - | |
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| 508 | | - | (O) Los Angeles County Justice-Involved Population Services and Supports (Item (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022). |
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| 509 | | - | |
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| 510 | | - | (P) Provision 18, funds distributed from the Mental Health Services Act (Section Fund pursuant to Section 5892 of the Welfare and Institutions Code). Code. |
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| 511 | | - | |
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| 512 | | - | (Q) Drug Medi-Cal Organized Delivery System organized delivery system, excluding Narcotic Treatment Program services (Section [ ] 14184.401 of the Welfare and Institutions Code) Code). |
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| 513 | | - | |
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| 514 | | - | (R) Specialty Mental Health Services, Drug Medi-Cal, excluding Narcotic Treatment Program services, and Drug Medi-Cal Organized Delivery System, excluding Narcotic Treatment Program service services (Section 14124.12 14124.20 of the Welfare and Institutions Code). |
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| 515 | | - | |
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| 516 | | - | (S) Behavioral Health Bridge Housing Program, (Item Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022 Provision 17). 2022). |
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| 517 | | - | |
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| 518 | | - | (T) Mental Health Services Oversight and Accountability Commission, Mental Health Student Services Act Partnership Grant Program partnership grant program (Section 5886 of the Welfare and Institutions Code). |
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| 519 | | - | |
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| 520 | | - | (U) CalFresh (Section 18906.55 of the Welfare and Institutions Code). |
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| 521 | | - | |
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| 522 | | - | (V) In-Home Supportive Services (Sections 12306.16 and [ ] 12302.25 of the Welfare and Institutions Code). |
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| 523 | | - | |
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| 524 | | - | (W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code). |
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| 525 | | - | |
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| 526 | | - | (X) Housing and Disability Income Advocacy Program, Program (Chapter 25 of the Statutes of 2016 (Assembly Bill 1603 (Ch. 25, Stats. 2016)). No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code). |
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| 527 | | - | |
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| 528 | | - | (Y) Project Roomkey, (EO Roomkey (Executive Order No. N-32-20 (Item [ ]of and Item 5180-151-0001 of the Budget Act of 2019 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item [ ] 5180-493 of the Budget Act of 2021)). 2022). |
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| 529 | | - | |
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| 530 | | - | (Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code). |
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| 531 | | - | |
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| 532 | | - | (AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code). |
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| 533 | | - | |
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| 534 | | - | (AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code). |
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| 535 | | - | |
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| 536 | | - | (AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code). |
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| 537 | | - | |
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| 538 | | - | (AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of [ ]). 2022). |
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| 539 | | - | |
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| 540 | | - | (AE) Adult Protective Services (Item [ ] (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Budget Act of 2021). Welfare and Institutions Code). |
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| 541 | | - | |
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| 542 | | - | (AF) Adult Corrections corrections and Rehabilitation Operations-Institution Administration (Sections 1228 to 1233.11, inclusive, of, and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of, of the Penal Code, and Section 26747 of the Government Code). |
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| 543 | | - | |
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| 544 | | - | (AG) Corrections Planning planning and Grant Programs grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 5, 2002 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Sections 14130 to 14132, inclusive, Title 10.2 (commencing with Section 14130) of the Penal Code, Senate Chapter 337 of the Statutes of 2020 (Senate Bill 823 (Ch. 337, Stats 2020), No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021). |
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| 545 | | - | |
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| 546 | | - | (AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021). |
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| 547 | | - | |
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| 548 | | - | (AI) Elections (SB 119 (Ch. 9, Stats. 2022), (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of [ ]). 2021). |
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| 549 | | - | |
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| 550 | | - | (AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of [ ]). 2021). |
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| 551 | | - | |
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| 552 | | - | (AK) Department of Cannabis Control, Grant 2021, Control grant (Item 1115-101-0001 of the Budget Act of [ ] 2021 and Item 1115-102-0001 of the Budget Act of 2022). |
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| 553 | | - | |
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| 554 | | - | (AL) Agricultural Land Burning land burning in San Joaquin Valley (Item 3900-101-0001 Provision (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021). |
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| 555 | | - | |
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| 556 | | - | (AM) Carl Moyer Air Quality Standards Attainment Program (Item 3970-101-0001 Provision (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021). |
|---|
| 557 | | - | |
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| 558 | | - | (AN) Pre-positioning for Fire fire and Rescue, (Item 0690-101-0001 Provision rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022). |
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| 559 | | - | |
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| 560 | | - | (AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021). |
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| 561 | | - | |
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| 562 | | - | (AP) Law Enforcement Mutual Aid (Item 0690-101-0001 Provision (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022). |
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| 563 | | - | |
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| 564 | | - | (AQ) Los Angeles Regional Interoperable Communication Systems (Item 0690-101-0001 Provision (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022). |
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| 565 | | - | |
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| 566 | | - | (AR) Homeless Housing, Assistance, and Prevention program grants (Sections 50216 to 50223, inclusive, (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code). |
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| 567 | | - | |
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| 568 | | - | (AS) Encampment Resolution Grants (Sections 50250 to 50254, inclusive, resolution grants (Chapter 7 (commencing with Section 50250) and Sections 50255 to 50259, inclusive, Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code). |
|---|
| 569 | | - | |
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| 570 | | - | (AT) Operating subsidies for Homekey facilities (Section (Sections 50675.1.1 and the following to 50675.14, inclusive, of the Health and Safety Code). |
|---|
| 571 | | - | |
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| 572 | | - | (AU) Various programs (Control contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021). 2021, and Control Section 19.56 of the Budget Act of 2022. |
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| 573 | | - | |
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| 574 | | - | (2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902. |
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| 575 | | - | |
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| 576 | | - | (c) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter. |
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| 577 | | - | |
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| 578 | | - | (2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902. |
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| 579 | | - | |
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| 580 | | - | (d) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
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| 581 | | - | |
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| 582 | | - | SEC. 15. Section 11019.1 is added to the Government Code, to read:11019.1. (a) It is the intent of the Legislature to establish a new pilot program to explore possible improvements to the states existing advance payment practices for state-funded local assistance grants.(b) For purposes of this section, all of the following shall apply:(1) Administering state agency means a state agency that administers a grant program that is eligible for advanced payments pursuant to this section.(2) Recipient entity means a local agency or a nongovernmental entity that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(3) Recipient state agency means a state agency that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(4) State agency has the same meaning as in Section 11000.(c) An administering state agency may advance a payment to a recipient entity pursuant to the following:(1) The administering state agency shall do all of the following:(A) Prioritize recipients and projects serving disadvantaged, low-income, and under-resourced communities or organizations with modest reserves and potential cashflow problems.(B) Stipulate an advance payment structure and request process within the grant agreement or contract between the administering state agency and the recipient entity.(C) Ensure the advance payment to the recipient entity does not to exceed 25 percent of the total grant amount awarded to that recipient entity. An administering state agency may exceed the 25-percent limit if the administering state agency determines that the project requires a larger advance and the recipient entity provides sufficient justification and documentation to the administering state agency.(2) (A) Recipient entity shall be subject to the following minimum requirements:(i) Provide an itemized budget, spending timeline, and workplan developed in a form and manner specified by the administering state agency.(ii) Submit documentation, as required by the administering state agency, to support the need for advanced payment, which may include, but is not be limited to, invoices, contracts, estimates, payroll records, and financial records.(iii) Demonstrate good standing with the Internal Revenue Service.(iv) Obtain insurance, if required by the administering state agency and stipulated within the grant agreement.(v) Deposit any funds received as an advance payment into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any accumulated interest shall be deemed to be grant moneys, subject to federal laws and regulations, and the recipient shall report interest earned on the advanced payment to the administering state agency.(vi) Establish procedures to minimize the amount of time that elapses between the transfer of funds and the spend down of those funds by the recipient or subrecipient. Further advance payments shall not be made until a grantee is able to demonstrate that all previously advanced funds have been spent down or a plan is in place to ensure spend down of those funds in a timely manner.(vii) Provide progress reports on the spend down of advanced funds no less than on a quarterly basis. The administering state agency may require progress reports on the spend down of advanced funds. All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the state.(viii) Provide a progress report to the administering state agency following the expenditure of an advance payment that includes a summary or work completed, proof of expenditure, and other associated information.(B) (i) Recipient entities may provide moneys from the advance payment to subrecipients in accordance with their grant program requirements.(ii) Recipients shall require all entities they subcontract with or award grant moneys to comply with clauses (vi) and (viii) of subparagraph (A).(iii) Regardless of any transfer or assignment of advanced payments to subrecipients, recipients shall be liable to the state agency for complying with subparagraph (B) and for any failures by subrecipients to perform contractual obligations or to comply with the requirements of this section.(d) An administering state agency may advance a payment to a recipient state agency in accordance with all of the following:(1) The administering state agency shall stipulate an advance payment structure and request process within the grant agreement or contract between the state agency administering the program and the recipient state agency.(2) Each recipient state agency shall provide an itemized budget, a spending timeline, and a workplan, in a form and manner specified by the administering state agency.(3) (A) The administering state agency may require the recipient state agency to provide progress reports on the spend down of the advance payment.(B) All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the administering state agency.(e) An administering state agency may apply and utilize the advance payment program established by this section only if the program administered by the administering state agency expressly authorizes the use of this section.(f) An administering state agency authorized to use the advance payment program established by this section may also apply for and utilize the advance payment program in Section 11019, as applicable.(g) Advance payments authorized under this section shall be limited to the minimum immediate cash requirements necessary to carry out the purpose of the approved activity, program, or project, as determined by the administering state agency and subject to that administering state agencys approval of the recipient entitys or recipient state agencys workplan and written justification.(h) The Department of Finance or its designee may audit, during or after the conclusion of the term of the grant agreement, any state agency, recipient, or subrecipient that received an advanced payment under this section. The state agency, recipient, or subrecipient shall cooperate fully with the audit, including, but not limited to, providing access to its staff, books, records, accounts, or other materials, as requested.(i) This section shall not be construed as limiting, prohibiting, or superseding any existing payment or grantmaking authorizations or powers of state agencies utilizing this section.(j) On or before January 10, 2025, the Department of Finance shall provide a report to the Legislature, in compliance with Section 9795, that identifies outcomes of the advanced payment pilot authorized in this section. The report shall include, but is not limited to, all of the following:(1) The number of payments advanced pursuant to this section, including by program and geographic location.(2) The number of payments advanced pursuant to this section that exceeded the 25-percent limit allowed in subparagraph (C) of paragraph (1) of subdivision (c), including by program and geographic location.(3) A summary of any adverse audit findings associated with audits conducted pursuant to subdivision (h).(k) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 583 | | - | |
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| 584 | | - | SEC. 15. Section 11019.1 is added to the Government Code, to read: |
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| 585 | | - | |
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| 586 | | - | ### SEC. 15. |
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| 587 | | - | |
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| 588 | | - | 11019.1. (a) It is the intent of the Legislature to establish a new pilot program to explore possible improvements to the states existing advance payment practices for state-funded local assistance grants.(b) For purposes of this section, all of the following shall apply:(1) Administering state agency means a state agency that administers a grant program that is eligible for advanced payments pursuant to this section.(2) Recipient entity means a local agency or a nongovernmental entity that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(3) Recipient state agency means a state agency that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(4) State agency has the same meaning as in Section 11000.(c) An administering state agency may advance a payment to a recipient entity pursuant to the following:(1) The administering state agency shall do all of the following:(A) Prioritize recipients and projects serving disadvantaged, low-income, and under-resourced communities or organizations with modest reserves and potential cashflow problems.(B) Stipulate an advance payment structure and request process within the grant agreement or contract between the administering state agency and the recipient entity.(C) Ensure the advance payment to the recipient entity does not to exceed 25 percent of the total grant amount awarded to that recipient entity. An administering state agency may exceed the 25-percent limit if the administering state agency determines that the project requires a larger advance and the recipient entity provides sufficient justification and documentation to the administering state agency.(2) (A) Recipient entity shall be subject to the following minimum requirements:(i) Provide an itemized budget, spending timeline, and workplan developed in a form and manner specified by the administering state agency.(ii) Submit documentation, as required by the administering state agency, to support the need for advanced payment, which may include, but is not be limited to, invoices, contracts, estimates, payroll records, and financial records.(iii) Demonstrate good standing with the Internal Revenue Service.(iv) Obtain insurance, if required by the administering state agency and stipulated within the grant agreement.(v) Deposit any funds received as an advance payment into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any accumulated interest shall be deemed to be grant moneys, subject to federal laws and regulations, and the recipient shall report interest earned on the advanced payment to the administering state agency.(vi) Establish procedures to minimize the amount of time that elapses between the transfer of funds and the spend down of those funds by the recipient or subrecipient. Further advance payments shall not be made until a grantee is able to demonstrate that all previously advanced funds have been spent down or a plan is in place to ensure spend down of those funds in a timely manner.(vii) Provide progress reports on the spend down of advanced funds no less than on a quarterly basis. The administering state agency may require progress reports on the spend down of advanced funds. All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the state.(viii) Provide a progress report to the administering state agency following the expenditure of an advance payment that includes a summary or work completed, proof of expenditure, and other associated information.(B) (i) Recipient entities may provide moneys from the advance payment to subrecipients in accordance with their grant program requirements.(ii) Recipients shall require all entities they subcontract with or award grant moneys to comply with clauses (vi) and (viii) of subparagraph (A).(iii) Regardless of any transfer or assignment of advanced payments to subrecipients, recipients shall be liable to the state agency for complying with subparagraph (B) and for any failures by subrecipients to perform contractual obligations or to comply with the requirements of this section.(d) An administering state agency may advance a payment to a recipient state agency in accordance with all of the following:(1) The administering state agency shall stipulate an advance payment structure and request process within the grant agreement or contract between the state agency administering the program and the recipient state agency.(2) Each recipient state agency shall provide an itemized budget, a spending timeline, and a workplan, in a form and manner specified by the administering state agency.(3) (A) The administering state agency may require the recipient state agency to provide progress reports on the spend down of the advance payment.(B) All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the administering state agency.(e) An administering state agency may apply and utilize the advance payment program established by this section only if the program administered by the administering state agency expressly authorizes the use of this section.(f) An administering state agency authorized to use the advance payment program established by this section may also apply for and utilize the advance payment program in Section 11019, as applicable.(g) Advance payments authorized under this section shall be limited to the minimum immediate cash requirements necessary to carry out the purpose of the approved activity, program, or project, as determined by the administering state agency and subject to that administering state agencys approval of the recipient entitys or recipient state agencys workplan and written justification.(h) The Department of Finance or its designee may audit, during or after the conclusion of the term of the grant agreement, any state agency, recipient, or subrecipient that received an advanced payment under this section. The state agency, recipient, or subrecipient shall cooperate fully with the audit, including, but not limited to, providing access to its staff, books, records, accounts, or other materials, as requested.(i) This section shall not be construed as limiting, prohibiting, or superseding any existing payment or grantmaking authorizations or powers of state agencies utilizing this section.(j) On or before January 10, 2025, the Department of Finance shall provide a report to the Legislature, in compliance with Section 9795, that identifies outcomes of the advanced payment pilot authorized in this section. The report shall include, but is not limited to, all of the following:(1) The number of payments advanced pursuant to this section, including by program and geographic location.(2) The number of payments advanced pursuant to this section that exceeded the 25-percent limit allowed in subparagraph (C) of paragraph (1) of subdivision (c), including by program and geographic location.(3) A summary of any adverse audit findings associated with audits conducted pursuant to subdivision (h).(k) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 589 | | - | |
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| 590 | | - | 11019.1. (a) It is the intent of the Legislature to establish a new pilot program to explore possible improvements to the states existing advance payment practices for state-funded local assistance grants.(b) For purposes of this section, all of the following shall apply:(1) Administering state agency means a state agency that administers a grant program that is eligible for advanced payments pursuant to this section.(2) Recipient entity means a local agency or a nongovernmental entity that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(3) Recipient state agency means a state agency that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(4) State agency has the same meaning as in Section 11000.(c) An administering state agency may advance a payment to a recipient entity pursuant to the following:(1) The administering state agency shall do all of the following:(A) Prioritize recipients and projects serving disadvantaged, low-income, and under-resourced communities or organizations with modest reserves and potential cashflow problems.(B) Stipulate an advance payment structure and request process within the grant agreement or contract between the administering state agency and the recipient entity.(C) Ensure the advance payment to the recipient entity does not to exceed 25 percent of the total grant amount awarded to that recipient entity. An administering state agency may exceed the 25-percent limit if the administering state agency determines that the project requires a larger advance and the recipient entity provides sufficient justification and documentation to the administering state agency.(2) (A) Recipient entity shall be subject to the following minimum requirements:(i) Provide an itemized budget, spending timeline, and workplan developed in a form and manner specified by the administering state agency.(ii) Submit documentation, as required by the administering state agency, to support the need for advanced payment, which may include, but is not be limited to, invoices, contracts, estimates, payroll records, and financial records.(iii) Demonstrate good standing with the Internal Revenue Service.(iv) Obtain insurance, if required by the administering state agency and stipulated within the grant agreement.(v) Deposit any funds received as an advance payment into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any accumulated interest shall be deemed to be grant moneys, subject to federal laws and regulations, and the recipient shall report interest earned on the advanced payment to the administering state agency.(vi) Establish procedures to minimize the amount of time that elapses between the transfer of funds and the spend down of those funds by the recipient or subrecipient. Further advance payments shall not be made until a grantee is able to demonstrate that all previously advanced funds have been spent down or a plan is in place to ensure spend down of those funds in a timely manner.(vii) Provide progress reports on the spend down of advanced funds no less than on a quarterly basis. The administering state agency may require progress reports on the spend down of advanced funds. All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the state.(viii) Provide a progress report to the administering state agency following the expenditure of an advance payment that includes a summary or work completed, proof of expenditure, and other associated information.(B) (i) Recipient entities may provide moneys from the advance payment to subrecipients in accordance with their grant program requirements.(ii) Recipients shall require all entities they subcontract with or award grant moneys to comply with clauses (vi) and (viii) of subparagraph (A).(iii) Regardless of any transfer or assignment of advanced payments to subrecipients, recipients shall be liable to the state agency for complying with subparagraph (B) and for any failures by subrecipients to perform contractual obligations or to comply with the requirements of this section.(d) An administering state agency may advance a payment to a recipient state agency in accordance with all of the following:(1) The administering state agency shall stipulate an advance payment structure and request process within the grant agreement or contract between the state agency administering the program and the recipient state agency.(2) Each recipient state agency shall provide an itemized budget, a spending timeline, and a workplan, in a form and manner specified by the administering state agency.(3) (A) The administering state agency may require the recipient state agency to provide progress reports on the spend down of the advance payment.(B) All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the administering state agency.(e) An administering state agency may apply and utilize the advance payment program established by this section only if the program administered by the administering state agency expressly authorizes the use of this section.(f) An administering state agency authorized to use the advance payment program established by this section may also apply for and utilize the advance payment program in Section 11019, as applicable.(g) Advance payments authorized under this section shall be limited to the minimum immediate cash requirements necessary to carry out the purpose of the approved activity, program, or project, as determined by the administering state agency and subject to that administering state agencys approval of the recipient entitys or recipient state agencys workplan and written justification.(h) The Department of Finance or its designee may audit, during or after the conclusion of the term of the grant agreement, any state agency, recipient, or subrecipient that received an advanced payment under this section. The state agency, recipient, or subrecipient shall cooperate fully with the audit, including, but not limited to, providing access to its staff, books, records, accounts, or other materials, as requested.(i) This section shall not be construed as limiting, prohibiting, or superseding any existing payment or grantmaking authorizations or powers of state agencies utilizing this section.(j) On or before January 10, 2025, the Department of Finance shall provide a report to the Legislature, in compliance with Section 9795, that identifies outcomes of the advanced payment pilot authorized in this section. The report shall include, but is not limited to, all of the following:(1) The number of payments advanced pursuant to this section, including by program and geographic location.(2) The number of payments advanced pursuant to this section that exceeded the 25-percent limit allowed in subparagraph (C) of paragraph (1) of subdivision (c), including by program and geographic location.(3) A summary of any adverse audit findings associated with audits conducted pursuant to subdivision (h).(k) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 591 | | - | |
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| 592 | | - | 11019.1. (a) It is the intent of the Legislature to establish a new pilot program to explore possible improvements to the states existing advance payment practices for state-funded local assistance grants.(b) For purposes of this section, all of the following shall apply:(1) Administering state agency means a state agency that administers a grant program that is eligible for advanced payments pursuant to this section.(2) Recipient entity means a local agency or a nongovernmental entity that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(3) Recipient state agency means a state agency that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant.(4) State agency has the same meaning as in Section 11000.(c) An administering state agency may advance a payment to a recipient entity pursuant to the following:(1) The administering state agency shall do all of the following:(A) Prioritize recipients and projects serving disadvantaged, low-income, and under-resourced communities or organizations with modest reserves and potential cashflow problems.(B) Stipulate an advance payment structure and request process within the grant agreement or contract between the administering state agency and the recipient entity.(C) Ensure the advance payment to the recipient entity does not to exceed 25 percent of the total grant amount awarded to that recipient entity. An administering state agency may exceed the 25-percent limit if the administering state agency determines that the project requires a larger advance and the recipient entity provides sufficient justification and documentation to the administering state agency.(2) (A) Recipient entity shall be subject to the following minimum requirements:(i) Provide an itemized budget, spending timeline, and workplan developed in a form and manner specified by the administering state agency.(ii) Submit documentation, as required by the administering state agency, to support the need for advanced payment, which may include, but is not be limited to, invoices, contracts, estimates, payroll records, and financial records.(iii) Demonstrate good standing with the Internal Revenue Service.(iv) Obtain insurance, if required by the administering state agency and stipulated within the grant agreement.(v) Deposit any funds received as an advance payment into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any accumulated interest shall be deemed to be grant moneys, subject to federal laws and regulations, and the recipient shall report interest earned on the advanced payment to the administering state agency.(vi) Establish procedures to minimize the amount of time that elapses between the transfer of funds and the spend down of those funds by the recipient or subrecipient. Further advance payments shall not be made until a grantee is able to demonstrate that all previously advanced funds have been spent down or a plan is in place to ensure spend down of those funds in a timely manner.(vii) Provide progress reports on the spend down of advanced funds no less than on a quarterly basis. The administering state agency may require progress reports on the spend down of advanced funds. All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the state.(viii) Provide a progress report to the administering state agency following the expenditure of an advance payment that includes a summary or work completed, proof of expenditure, and other associated information.(B) (i) Recipient entities may provide moneys from the advance payment to subrecipients in accordance with their grant program requirements.(ii) Recipients shall require all entities they subcontract with or award grant moneys to comply with clauses (vi) and (viii) of subparagraph (A).(iii) Regardless of any transfer or assignment of advanced payments to subrecipients, recipients shall be liable to the state agency for complying with subparagraph (B) and for any failures by subrecipients to perform contractual obligations or to comply with the requirements of this section.(d) An administering state agency may advance a payment to a recipient state agency in accordance with all of the following:(1) The administering state agency shall stipulate an advance payment structure and request process within the grant agreement or contract between the state agency administering the program and the recipient state agency.(2) Each recipient state agency shall provide an itemized budget, a spending timeline, and a workplan, in a form and manner specified by the administering state agency.(3) (A) The administering state agency may require the recipient state agency to provide progress reports on the spend down of the advance payment.(B) All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the administering state agency.(e) An administering state agency may apply and utilize the advance payment program established by this section only if the program administered by the administering state agency expressly authorizes the use of this section.(f) An administering state agency authorized to use the advance payment program established by this section may also apply for and utilize the advance payment program in Section 11019, as applicable.(g) Advance payments authorized under this section shall be limited to the minimum immediate cash requirements necessary to carry out the purpose of the approved activity, program, or project, as determined by the administering state agency and subject to that administering state agencys approval of the recipient entitys or recipient state agencys workplan and written justification.(h) The Department of Finance or its designee may audit, during or after the conclusion of the term of the grant agreement, any state agency, recipient, or subrecipient that received an advanced payment under this section. The state agency, recipient, or subrecipient shall cooperate fully with the audit, including, but not limited to, providing access to its staff, books, records, accounts, or other materials, as requested.(i) This section shall not be construed as limiting, prohibiting, or superseding any existing payment or grantmaking authorizations or powers of state agencies utilizing this section.(j) On or before January 10, 2025, the Department of Finance shall provide a report to the Legislature, in compliance with Section 9795, that identifies outcomes of the advanced payment pilot authorized in this section. The report shall include, but is not limited to, all of the following:(1) The number of payments advanced pursuant to this section, including by program and geographic location.(2) The number of payments advanced pursuant to this section that exceeded the 25-percent limit allowed in subparagraph (C) of paragraph (1) of subdivision (c), including by program and geographic location.(3) A summary of any adverse audit findings associated with audits conducted pursuant to subdivision (h).(k) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 593 | | - | |
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| 594 | | - | |
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| 595 | | - | |
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| 596 | | - | 11019.1. (a) It is the intent of the Legislature to establish a new pilot program to explore possible improvements to the states existing advance payment practices for state-funded local assistance grants. |
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| 597 | | - | |
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| 598 | | - | (b) For purposes of this section, all of the following shall apply: |
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| 599 | | - | |
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| 600 | | - | (1) Administering state agency means a state agency that administers a grant program that is eligible for advanced payments pursuant to this section. |
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| 601 | | - | |
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| 602 | | - | (2) Recipient entity means a local agency or a nongovernmental entity that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant. |
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| 603 | | - | |
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| 604 | | - | (3) Recipient state agency means a state agency that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant. |
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| 605 | | - | |
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| 606 | | - | (4) State agency has the same meaning as in Section 11000. |
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| 607 | | - | |
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| 608 | | - | (c) An administering state agency may advance a payment to a recipient entity pursuant to the following: |
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| 609 | | - | |
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| 610 | | - | (1) The administering state agency shall do all of the following: |
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| 611 | | - | |
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| 612 | | - | (A) Prioritize recipients and projects serving disadvantaged, low-income, and under-resourced communities or organizations with modest reserves and potential cashflow problems. |
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| 613 | | - | |
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| 614 | | - | (B) Stipulate an advance payment structure and request process within the grant agreement or contract between the administering state agency and the recipient entity. |
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| 615 | | - | |
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| 616 | | - | (C) Ensure the advance payment to the recipient entity does not to exceed 25 percent of the total grant amount awarded to that recipient entity. An administering state agency may exceed the 25-percent limit if the administering state agency determines that the project requires a larger advance and the recipient entity provides sufficient justification and documentation to the administering state agency. |
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| 617 | | - | |
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| 618 | | - | (2) (A) Recipient entity shall be subject to the following minimum requirements: |
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| 619 | | - | |
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| 620 | | - | (i) Provide an itemized budget, spending timeline, and workplan developed in a form and manner specified by the administering state agency. |
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| 621 | | - | |
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| 622 | | - | (ii) Submit documentation, as required by the administering state agency, to support the need for advanced payment, which may include, but is not be limited to, invoices, contracts, estimates, payroll records, and financial records. |
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| 623 | | - | |
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| 624 | | - | (iii) Demonstrate good standing with the Internal Revenue Service. |
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| 625 | | - | |
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| 626 | | - | (iv) Obtain insurance, if required by the administering state agency and stipulated within the grant agreement. |
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| 627 | | - | |
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| 628 | | - | (v) Deposit any funds received as an advance payment into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any accumulated interest shall be deemed to be grant moneys, subject to federal laws and regulations, and the recipient shall report interest earned on the advanced payment to the administering state agency. |
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| 629 | | - | |
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| 630 | | - | (vi) Establish procedures to minimize the amount of time that elapses between the transfer of funds and the spend down of those funds by the recipient or subrecipient. Further advance payments shall not be made until a grantee is able to demonstrate that all previously advanced funds have been spent down or a plan is in place to ensure spend down of those funds in a timely manner. |
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| 631 | | - | |
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| 632 | | - | (vii) Provide progress reports on the spend down of advanced funds no less than on a quarterly basis. The administering state agency may require progress reports on the spend down of advanced funds. All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the state. |
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| 633 | | - | |
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| 634 | | - | (viii) Provide a progress report to the administering state agency following the expenditure of an advance payment that includes a summary or work completed, proof of expenditure, and other associated information. |
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| 635 | | - | |
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| 636 | | - | (B) (i) Recipient entities may provide moneys from the advance payment to subrecipients in accordance with their grant program requirements. |
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| 637 | | - | |
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| 638 | | - | (ii) Recipients shall require all entities they subcontract with or award grant moneys to comply with clauses (vi) and (viii) of subparagraph (A). |
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| 639 | | - | |
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| 640 | | - | (iii) Regardless of any transfer or assignment of advanced payments to subrecipients, recipients shall be liable to the state agency for complying with subparagraph (B) and for any failures by subrecipients to perform contractual obligations or to comply with the requirements of this section. |
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| 641 | | - | |
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| 642 | | - | (d) An administering state agency may advance a payment to a recipient state agency in accordance with all of the following: |
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| 643 | | - | |
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| 644 | | - | (1) The administering state agency shall stipulate an advance payment structure and request process within the grant agreement or contract between the state agency administering the program and the recipient state agency. |
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| 645 | | - | |
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| 646 | | - | (2) Each recipient state agency shall provide an itemized budget, a spending timeline, and a workplan, in a form and manner specified by the administering state agency. |
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| 647 | | - | |
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| 648 | | - | (3) (A) The administering state agency may require the recipient state agency to provide progress reports on the spend down of the advance payment. |
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| 649 | | - | |
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| 650 | | - | (B) All unused funding provided as an advance payment, but not spent down within the grant timeline, shall be returned to the administering state agency. |
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| 651 | | - | |
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| 652 | | - | (e) An administering state agency may apply and utilize the advance payment program established by this section only if the program administered by the administering state agency expressly authorizes the use of this section. |
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| 653 | | - | |
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| 654 | | - | (f) An administering state agency authorized to use the advance payment program established by this section may also apply for and utilize the advance payment program in Section 11019, as applicable. |
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| 655 | | - | |
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| 656 | | - | (g) Advance payments authorized under this section shall be limited to the minimum immediate cash requirements necessary to carry out the purpose of the approved activity, program, or project, as determined by the administering state agency and subject to that administering state agencys approval of the recipient entitys or recipient state agencys workplan and written justification. |
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| 657 | | - | |
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| 658 | | - | (h) The Department of Finance or its designee may audit, during or after the conclusion of the term of the grant agreement, any state agency, recipient, or subrecipient that received an advanced payment under this section. The state agency, recipient, or subrecipient shall cooperate fully with the audit, including, but not limited to, providing access to its staff, books, records, accounts, or other materials, as requested. |
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| 659 | | - | |
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| 660 | | - | (i) This section shall not be construed as limiting, prohibiting, or superseding any existing payment or grantmaking authorizations or powers of state agencies utilizing this section. |
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| 661 | | - | |
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| 662 | | - | (j) On or before January 10, 2025, the Department of Finance shall provide a report to the Legislature, in compliance with Section 9795, that identifies outcomes of the advanced payment pilot authorized in this section. The report shall include, but is not limited to, all of the following: |
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| 663 | | - | |
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| 664 | | - | (1) The number of payments advanced pursuant to this section, including by program and geographic location. |
|---|
| 665 | | - | |
|---|
| 666 | | - | (2) The number of payments advanced pursuant to this section that exceeded the 25-percent limit allowed in subparagraph (C) of paragraph (1) of subdivision (c), including by program and geographic location. |
|---|
| 667 | | - | |
|---|
| 668 | | - | (3) A summary of any adverse audit findings associated with audits conducted pursuant to subdivision (h). |
|---|
| 669 | | - | |
|---|
| 670 | | - | (k) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 671 | | - | |
|---|
| 672 | | - | SEC. 16. Section 11852 of the Government Code is amended to read:11852. For purposes of this chapter, the following terms shall have the following meanings: chapter:(a) Accounting book of record means the central accounts maintained by the Controller and used in the preparation of financial statements, including the annual comprehensive financial report issued pursuant to Section 12460.(a)(b) Approved FISCal Project documents means any Special Project Report approved by the Department of Technology, or its successor agency, for the FISCal, as may be amended, augmented, or changed by any subsequent approved Special Project Report or legislative action.(b)(c) Cost or costs of the system means all costs related to the acquisition, design, development, installation, deployment, and other related costs of the system, including, but not limited to, software, hardware, licenses, upgrades, training, facilities, contractors, and staff.(c)(d) Cost allocation plan means the plan described in Section 11874.(e) Deferred departments means departments and agencies that are extended a delayed implementation date pursuant to the departments plan.(d)(f) Department means the Department of FISCal established pursuant to Section 11890.(e)(g) Director means the Director of FISCal appointed pursuant to Section 11894.(h) Exempt departments means departments or agencies not required to implement FISCal but that will interface pursuant to the departments plan.(f)(i) FISCal means the Financial Information System for California.(g)(j) FISCal Consolidated Payment Fund means the fund created pursuant to subdivision (a) of Section 11872.(h)(k) FISCal Internal Services Fund means the fund created pursuant to Section 11870.(i) (l) Interface means to communicate or interoperate with the system. (j)Office means the FISCal project office. (k)(m) Partner agencies means the Department of Finance, the Controller, the Department of General Services, and the Treasurer.(l)(n) State departments and agencies means all state offices, officers, departments, divisions, bureaus, boards, commissions, organizations, or agencies, claims against which are paid by warrants drawn by the Controller, and whose financial activities are reported in the annual financial statement of the state or are included in the annual Governors Budget, including, but not limited to, the California State University, the University of California, the legislative branch, and the judicial branch.(m)(o) System means a single integrated financial management system for the state that encompasses the management of resources and dollars as described in the approved FISCal Project documents and includes the information required by Section 11862. |
|---|
| 673 | | - | |
|---|
| 674 | | - | SEC. 16. Section 11852 of the Government Code is amended to read: |
|---|
| 675 | | - | |
|---|
| 676 | | - | ### SEC. 16. |
|---|
| 677 | | - | |
|---|
| 678 | | - | 11852. For purposes of this chapter, the following terms shall have the following meanings: chapter:(a) Accounting book of record means the central accounts maintained by the Controller and used in the preparation of financial statements, including the annual comprehensive financial report issued pursuant to Section 12460.(a)(b) Approved FISCal Project documents means any Special Project Report approved by the Department of Technology, or its successor agency, for the FISCal, as may be amended, augmented, or changed by any subsequent approved Special Project Report or legislative action.(b)(c) Cost or costs of the system means all costs related to the acquisition, design, development, installation, deployment, and other related costs of the system, including, but not limited to, software, hardware, licenses, upgrades, training, facilities, contractors, and staff.(c)(d) Cost allocation plan means the plan described in Section 11874.(e) Deferred departments means departments and agencies that are extended a delayed implementation date pursuant to the departments plan.(d)(f) Department means the Department of FISCal established pursuant to Section 11890.(e)(g) Director means the Director of FISCal appointed pursuant to Section 11894.(h) Exempt departments means departments or agencies not required to implement FISCal but that will interface pursuant to the departments plan.(f)(i) FISCal means the Financial Information System for California.(g)(j) FISCal Consolidated Payment Fund means the fund created pursuant to subdivision (a) of Section 11872.(h)(k) FISCal Internal Services Fund means the fund created pursuant to Section 11870.(i) (l) Interface means to communicate or interoperate with the system. (j)Office means the FISCal project office. (k)(m) Partner agencies means the Department of Finance, the Controller, the Department of General Services, and the Treasurer.(l)(n) State departments and agencies means all state offices, officers, departments, divisions, bureaus, boards, commissions, organizations, or agencies, claims against which are paid by warrants drawn by the Controller, and whose financial activities are reported in the annual financial statement of the state or are included in the annual Governors Budget, including, but not limited to, the California State University, the University of California, the legislative branch, and the judicial branch.(m)(o) System means a single integrated financial management system for the state that encompasses the management of resources and dollars as described in the approved FISCal Project documents and includes the information required by Section 11862. |
|---|
| 679 | | - | |
|---|
| 680 | | - | 11852. For purposes of this chapter, the following terms shall have the following meanings: chapter:(a) Accounting book of record means the central accounts maintained by the Controller and used in the preparation of financial statements, including the annual comprehensive financial report issued pursuant to Section 12460.(a)(b) Approved FISCal Project documents means any Special Project Report approved by the Department of Technology, or its successor agency, for the FISCal, as may be amended, augmented, or changed by any subsequent approved Special Project Report or legislative action.(b)(c) Cost or costs of the system means all costs related to the acquisition, design, development, installation, deployment, and other related costs of the system, including, but not limited to, software, hardware, licenses, upgrades, training, facilities, contractors, and staff.(c)(d) Cost allocation plan means the plan described in Section 11874.(e) Deferred departments means departments and agencies that are extended a delayed implementation date pursuant to the departments plan.(d)(f) Department means the Department of FISCal established pursuant to Section 11890.(e)(g) Director means the Director of FISCal appointed pursuant to Section 11894.(h) Exempt departments means departments or agencies not required to implement FISCal but that will interface pursuant to the departments plan.(f)(i) FISCal means the Financial Information System for California.(g)(j) FISCal Consolidated Payment Fund means the fund created pursuant to subdivision (a) of Section 11872.(h)(k) FISCal Internal Services Fund means the fund created pursuant to Section 11870.(i) (l) Interface means to communicate or interoperate with the system. (j)Office means the FISCal project office. (k)(m) Partner agencies means the Department of Finance, the Controller, the Department of General Services, and the Treasurer.(l)(n) State departments and agencies means all state offices, officers, departments, divisions, bureaus, boards, commissions, organizations, or agencies, claims against which are paid by warrants drawn by the Controller, and whose financial activities are reported in the annual financial statement of the state or are included in the annual Governors Budget, including, but not limited to, the California State University, the University of California, the legislative branch, and the judicial branch.(m)(o) System means a single integrated financial management system for the state that encompasses the management of resources and dollars as described in the approved FISCal Project documents and includes the information required by Section 11862. |
|---|
| 681 | | - | |
|---|
| 682 | | - | 11852. For purposes of this chapter, the following terms shall have the following meanings: chapter:(a) Accounting book of record means the central accounts maintained by the Controller and used in the preparation of financial statements, including the annual comprehensive financial report issued pursuant to Section 12460.(a)(b) Approved FISCal Project documents means any Special Project Report approved by the Department of Technology, or its successor agency, for the FISCal, as may be amended, augmented, or changed by any subsequent approved Special Project Report or legislative action.(b)(c) Cost or costs of the system means all costs related to the acquisition, design, development, installation, deployment, and other related costs of the system, including, but not limited to, software, hardware, licenses, upgrades, training, facilities, contractors, and staff.(c)(d) Cost allocation plan means the plan described in Section 11874.(e) Deferred departments means departments and agencies that are extended a delayed implementation date pursuant to the departments plan.(d)(f) Department means the Department of FISCal established pursuant to Section 11890.(e)(g) Director means the Director of FISCal appointed pursuant to Section 11894.(h) Exempt departments means departments or agencies not required to implement FISCal but that will interface pursuant to the departments plan.(f)(i) FISCal means the Financial Information System for California.(g)(j) FISCal Consolidated Payment Fund means the fund created pursuant to subdivision (a) of Section 11872.(h)(k) FISCal Internal Services Fund means the fund created pursuant to Section 11870.(i) (l) Interface means to communicate or interoperate with the system. (j)Office means the FISCal project office. (k)(m) Partner agencies means the Department of Finance, the Controller, the Department of General Services, and the Treasurer.(l)(n) State departments and agencies means all state offices, officers, departments, divisions, bureaus, boards, commissions, organizations, or agencies, claims against which are paid by warrants drawn by the Controller, and whose financial activities are reported in the annual financial statement of the state or are included in the annual Governors Budget, including, but not limited to, the California State University, the University of California, the legislative branch, and the judicial branch.(m)(o) System means a single integrated financial management system for the state that encompasses the management of resources and dollars as described in the approved FISCal Project documents and includes the information required by Section 11862. |
|---|
| 683 | | - | |
|---|
| 684 | | - | |
|---|
| 685 | | - | |
|---|
| 686 | | - | 11852. For purposes of this chapter, the following terms shall have the following meanings: chapter: |
|---|
| 687 | | - | |
|---|
| 688 | | - | (a) Accounting book of record means the central accounts maintained by the Controller and used in the preparation of financial statements, including the annual comprehensive financial report issued pursuant to Section 12460. |
|---|
| 689 | | - | |
|---|
| 690 | | - | (a) |
|---|
| 691 | | - | |
|---|
| 692 | | - | |
|---|
| 693 | | - | |
|---|
| 694 | | - | (b) Approved FISCal Project documents means any Special Project Report approved by the Department of Technology, or its successor agency, for the FISCal, as may be amended, augmented, or changed by any subsequent approved Special Project Report or legislative action. |
|---|
| 695 | | - | |
|---|
| 696 | | - | (b) |
|---|
| 697 | | - | |
|---|
| 698 | | - | |
|---|
| 699 | | - | |
|---|
| 700 | | - | (c) Cost or costs of the system means all costs related to the acquisition, design, development, installation, deployment, and other related costs of the system, including, but not limited to, software, hardware, licenses, upgrades, training, facilities, contractors, and staff. |
|---|
| 701 | | - | |
|---|
| 702 | | - | (c) |
|---|
| 703 | | - | |
|---|
| 704 | | - | |
|---|
| 705 | | - | |
|---|
| 706 | | - | (d) Cost allocation plan means the plan described in Section 11874. |
|---|
| 707 | | - | |
|---|
| 708 | | - | (e) Deferred departments means departments and agencies that are extended a delayed implementation date pursuant to the departments plan. |
|---|
| 709 | | - | |
|---|
| 710 | | - | (d) |
|---|
| 711 | | - | |
|---|
| 712 | | - | |
|---|
| 713 | | - | |
|---|
| 714 | | - | (f) Department means the Department of FISCal established pursuant to Section 11890. |
|---|
| 715 | | - | |
|---|
| 716 | | - | (e) |
|---|
| 717 | | - | |
|---|
| 718 | | - | |
|---|
| 719 | | - | |
|---|
| 720 | | - | (g) Director means the Director of FISCal appointed pursuant to Section 11894. |
|---|
| 721 | | - | |
|---|
| 722 | | - | (h) Exempt departments means departments or agencies not required to implement FISCal but that will interface pursuant to the departments plan. |
|---|
| 723 | | - | |
|---|
| 724 | | - | (f) |
|---|
| 725 | | - | |
|---|
| 726 | | - | |
|---|
| 727 | | - | |
|---|
| 728 | | - | (i) FISCal means the Financial Information System for California. |
|---|
| 729 | | - | |
|---|
| 730 | | - | (g) |
|---|
| 731 | | - | |
|---|
| 732 | | - | |
|---|
| 733 | | - | |
|---|
| 734 | | - | (j) FISCal Consolidated Payment Fund means the fund created pursuant to subdivision (a) of Section 11872. |
|---|
| 735 | | - | |
|---|
| 736 | | - | (h) |
|---|
| 737 | | - | |
|---|
| 738 | | - | |
|---|
| 739 | | - | |
|---|
| 740 | | - | (k) FISCal Internal Services Fund means the fund created pursuant to Section 11870. |
|---|
| 741 | | - | |
|---|
| 742 | | - | (i) |
|---|
| 743 | | - | |
|---|
| 744 | | - | |
|---|
| 745 | | - | |
|---|
| 746 | | - | (l) Interface means to communicate or interoperate with the system. |
|---|
| 747 | | - | |
|---|
| 748 | | - | (j)Office means the FISCal project office. |
|---|
| 749 | | - | |
|---|
| 750 | | - | |
|---|
| 751 | | - | |
|---|
| 752 | | - | (k) |
|---|
| 753 | | - | |
|---|
| 754 | | - | |
|---|
| 755 | | - | |
|---|
| 756 | | - | (m) Partner agencies means the Department of Finance, the Controller, the Department of General Services, and the Treasurer. |
|---|
| 757 | | - | |
|---|
| 758 | | - | (l) |
|---|
| 759 | | - | |
|---|
| 760 | | - | |
|---|
| 761 | | - | |
|---|
| 762 | | - | (n) State departments and agencies means all state offices, officers, departments, divisions, bureaus, boards, commissions, organizations, or agencies, claims against which are paid by warrants drawn by the Controller, and whose financial activities are reported in the annual financial statement of the state or are included in the annual Governors Budget, including, but not limited to, the California State University, the University of California, the legislative branch, and the judicial branch. |
|---|
| 763 | | - | |
|---|
| 764 | | - | (m) |
|---|
| 765 | | - | |
|---|
| 766 | | - | |
|---|
| 767 | | - | |
|---|
| 768 | | - | (o) System means a single integrated financial management system for the state that encompasses the management of resources and dollars as described in the approved FISCal Project documents and includes the information required by Section 11862. |
|---|
| 769 | | - | |
|---|
| 770 | | - | SEC. 17. Section 11854 of the Government Code is amended to read:11854. The Legislature intends that the system meet all of the following objectives:(a) Replace the states aging legacy financial management systems and eliminate fragmented and diverse reporting by implementing standardized financial management processes and systems across all departments and control agencies. For purposes of this subdivision, financial management means accounting, budgeting, cash management, asset accounting, vendor management, and procurement.(b) Increase competition by promoting business opportunities through the use of electronic bidding, online vendor interaction, and automated vendor functions.(c) Maintain a central source for financial management data to reduce the time and expense of vendors, departments, and agencies collecting, maintaining, and reconciling redundant data.(d) Increase investment returns through timely and accurate monitoring of cash balances, cashflow forecasting, and timing of receipts and disbursements.(e) Improve fiscal controls and support better decisionmaking by state managers and the Legislature by enhancing the quality, timeliness, consistency, and accessibility of financial management information through the use of powerful data access tools, standardized data, and financial management reports.(f) Improve access and transparency of Californias financial management information allowing the implementation of increased auditing, compliance reporting, and fiscal accountability while sharing information between the public, the Legislature, external stakeholders, state, federal, and local agencies.(g) Automate manual processes processes, to the extent that automation is feasible, by providing the ability to electronically receive and submit financial management documents and data between agencies, departments, banks, vendors, and other government entities.(h) Provide online access to financial management information resulting in a reduction of payment or approval inquiries, or both.(i) Improve the states ability to preserve, access, and analyze historical financial management information to reduce the workload required to research and prepare this information.(j) Enable the state to more quickly implement, track, and report on changes to financial management processes and systems to accommodate new information such as statutory changes and performance information.(k) Reduce the time, workload, and costs associated with capturing and projecting revenues, expenditures, and program needs for multiple years and scenarios, and for tracking, reporting, and responding to legislative actions.(l) Track purchase volumes and costs by vendor and commodity code or service code to increase strategic sourcing opportunities, reduce purchase prices, and capture total state spending data.(m) Reduce procurement cycle time by automating purchasing authority limits and approval dependencies, and easing access to goods and services available from existing sources, including, but not limited to, using leveraged procurement agreements.(n) Streamline the accounts receivable collections process and allow for offset capability which will provide the ability for increased cash collection.(o) Streamline the payment process and allow for faster vendor payments that will reduce late payment penalty fees paid by the state.(p) Improve role-based security and workflow authorization by capturing near real-time data from the states human resources system of record.(q) Implement a stable and secure information technology infrastructure. |
|---|
| 771 | | - | |
|---|
| 772 | | - | SEC. 17. Section 11854 of the Government Code is amended to read: |
|---|
| 773 | | - | |
|---|
| 774 | | - | ### SEC. 17. |
|---|
| 775 | | - | |
|---|
| 776 | | - | 11854. The Legislature intends that the system meet all of the following objectives:(a) Replace the states aging legacy financial management systems and eliminate fragmented and diverse reporting by implementing standardized financial management processes and systems across all departments and control agencies. For purposes of this subdivision, financial management means accounting, budgeting, cash management, asset accounting, vendor management, and procurement.(b) Increase competition by promoting business opportunities through the use of electronic bidding, online vendor interaction, and automated vendor functions.(c) Maintain a central source for financial management data to reduce the time and expense of vendors, departments, and agencies collecting, maintaining, and reconciling redundant data.(d) Increase investment returns through timely and accurate monitoring of cash balances, cashflow forecasting, and timing of receipts and disbursements.(e) Improve fiscal controls and support better decisionmaking by state managers and the Legislature by enhancing the quality, timeliness, consistency, and accessibility of financial management information through the use of powerful data access tools, standardized data, and financial management reports.(f) Improve access and transparency of Californias financial management information allowing the implementation of increased auditing, compliance reporting, and fiscal accountability while sharing information between the public, the Legislature, external stakeholders, state, federal, and local agencies.(g) Automate manual processes processes, to the extent that automation is feasible, by providing the ability to electronically receive and submit financial management documents and data between agencies, departments, banks, vendors, and other government entities.(h) Provide online access to financial management information resulting in a reduction of payment or approval inquiries, or both.(i) Improve the states ability to preserve, access, and analyze historical financial management information to reduce the workload required to research and prepare this information.(j) Enable the state to more quickly implement, track, and report on changes to financial management processes and systems to accommodate new information such as statutory changes and performance information.(k) Reduce the time, workload, and costs associated with capturing and projecting revenues, expenditures, and program needs for multiple years and scenarios, and for tracking, reporting, and responding to legislative actions.(l) Track purchase volumes and costs by vendor and commodity code or service code to increase strategic sourcing opportunities, reduce purchase prices, and capture total state spending data.(m) Reduce procurement cycle time by automating purchasing authority limits and approval dependencies, and easing access to goods and services available from existing sources, including, but not limited to, using leveraged procurement agreements.(n) Streamline the accounts receivable collections process and allow for offset capability which will provide the ability for increased cash collection.(o) Streamline the payment process and allow for faster vendor payments that will reduce late payment penalty fees paid by the state.(p) Improve role-based security and workflow authorization by capturing near real-time data from the states human resources system of record.(q) Implement a stable and secure information technology infrastructure. |
|---|
| 777 | | - | |
|---|
| 778 | | - | 11854. The Legislature intends that the system meet all of the following objectives:(a) Replace the states aging legacy financial management systems and eliminate fragmented and diverse reporting by implementing standardized financial management processes and systems across all departments and control agencies. For purposes of this subdivision, financial management means accounting, budgeting, cash management, asset accounting, vendor management, and procurement.(b) Increase competition by promoting business opportunities through the use of electronic bidding, online vendor interaction, and automated vendor functions.(c) Maintain a central source for financial management data to reduce the time and expense of vendors, departments, and agencies collecting, maintaining, and reconciling redundant data.(d) Increase investment returns through timely and accurate monitoring of cash balances, cashflow forecasting, and timing of receipts and disbursements.(e) Improve fiscal controls and support better decisionmaking by state managers and the Legislature by enhancing the quality, timeliness, consistency, and accessibility of financial management information through the use of powerful data access tools, standardized data, and financial management reports.(f) Improve access and transparency of Californias financial management information allowing the implementation of increased auditing, compliance reporting, and fiscal accountability while sharing information between the public, the Legislature, external stakeholders, state, federal, and local agencies.(g) Automate manual processes processes, to the extent that automation is feasible, by providing the ability to electronically receive and submit financial management documents and data between agencies, departments, banks, vendors, and other government entities.(h) Provide online access to financial management information resulting in a reduction of payment or approval inquiries, or both.(i) Improve the states ability to preserve, access, and analyze historical financial management information to reduce the workload required to research and prepare this information.(j) Enable the state to more quickly implement, track, and report on changes to financial management processes and systems to accommodate new information such as statutory changes and performance information.(k) Reduce the time, workload, and costs associated with capturing and projecting revenues, expenditures, and program needs for multiple years and scenarios, and for tracking, reporting, and responding to legislative actions.(l) Track purchase volumes and costs by vendor and commodity code or service code to increase strategic sourcing opportunities, reduce purchase prices, and capture total state spending data.(m) Reduce procurement cycle time by automating purchasing authority limits and approval dependencies, and easing access to goods and services available from existing sources, including, but not limited to, using leveraged procurement agreements.(n) Streamline the accounts receivable collections process and allow for offset capability which will provide the ability for increased cash collection.(o) Streamline the payment process and allow for faster vendor payments that will reduce late payment penalty fees paid by the state.(p) Improve role-based security and workflow authorization by capturing near real-time data from the states human resources system of record.(q) Implement a stable and secure information technology infrastructure. |
|---|
| 779 | | - | |
|---|
| 780 | | - | 11854. The Legislature intends that the system meet all of the following objectives:(a) Replace the states aging legacy financial management systems and eliminate fragmented and diverse reporting by implementing standardized financial management processes and systems across all departments and control agencies. For purposes of this subdivision, financial management means accounting, budgeting, cash management, asset accounting, vendor management, and procurement.(b) Increase competition by promoting business opportunities through the use of electronic bidding, online vendor interaction, and automated vendor functions.(c) Maintain a central source for financial management data to reduce the time and expense of vendors, departments, and agencies collecting, maintaining, and reconciling redundant data.(d) Increase investment returns through timely and accurate monitoring of cash balances, cashflow forecasting, and timing of receipts and disbursements.(e) Improve fiscal controls and support better decisionmaking by state managers and the Legislature by enhancing the quality, timeliness, consistency, and accessibility of financial management information through the use of powerful data access tools, standardized data, and financial management reports.(f) Improve access and transparency of Californias financial management information allowing the implementation of increased auditing, compliance reporting, and fiscal accountability while sharing information between the public, the Legislature, external stakeholders, state, federal, and local agencies.(g) Automate manual processes processes, to the extent that automation is feasible, by providing the ability to electronically receive and submit financial management documents and data between agencies, departments, banks, vendors, and other government entities.(h) Provide online access to financial management information resulting in a reduction of payment or approval inquiries, or both.(i) Improve the states ability to preserve, access, and analyze historical financial management information to reduce the workload required to research and prepare this information.(j) Enable the state to more quickly implement, track, and report on changes to financial management processes and systems to accommodate new information such as statutory changes and performance information.(k) Reduce the time, workload, and costs associated with capturing and projecting revenues, expenditures, and program needs for multiple years and scenarios, and for tracking, reporting, and responding to legislative actions.(l) Track purchase volumes and costs by vendor and commodity code or service code to increase strategic sourcing opportunities, reduce purchase prices, and capture total state spending data.(m) Reduce procurement cycle time by automating purchasing authority limits and approval dependencies, and easing access to goods and services available from existing sources, including, but not limited to, using leveraged procurement agreements.(n) Streamline the accounts receivable collections process and allow for offset capability which will provide the ability for increased cash collection.(o) Streamline the payment process and allow for faster vendor payments that will reduce late payment penalty fees paid by the state.(p) Improve role-based security and workflow authorization by capturing near real-time data from the states human resources system of record.(q) Implement a stable and secure information technology infrastructure. |
|---|
| 781 | | - | |
|---|
| 782 | | - | |
|---|
| 783 | | - | |
|---|
| 784 | | - | 11854. The Legislature intends that the system meet all of the following objectives: |
|---|
| 785 | | - | |
|---|
| 786 | | - | (a) Replace the states aging legacy financial management systems and eliminate fragmented and diverse reporting by implementing standardized financial management processes and systems across all departments and control agencies. For purposes of this subdivision, financial management means accounting, budgeting, cash management, asset accounting, vendor management, and procurement. |
|---|
| 787 | | - | |
|---|
| 788 | | - | (b) Increase competition by promoting business opportunities through the use of electronic bidding, online vendor interaction, and automated vendor functions. |
|---|
| 789 | | - | |
|---|
| 790 | | - | (c) Maintain a central source for financial management data to reduce the time and expense of vendors, departments, and agencies collecting, maintaining, and reconciling redundant data. |
|---|
| 791 | | - | |
|---|
| 792 | | - | (d) Increase investment returns through timely and accurate monitoring of cash balances, cashflow forecasting, and timing of receipts and disbursements. |
|---|
| 793 | | - | |
|---|
| 794 | | - | (e) Improve fiscal controls and support better decisionmaking by state managers and the Legislature by enhancing the quality, timeliness, consistency, and accessibility of financial management information through the use of powerful data access tools, standardized data, and financial management reports. |
|---|
| 795 | | - | |
|---|
| 796 | | - | (f) Improve access and transparency of Californias financial management information allowing the implementation of increased auditing, compliance reporting, and fiscal accountability while sharing information between the public, the Legislature, external stakeholders, state, federal, and local agencies. |
|---|
| 797 | | - | |
|---|
| 798 | | - | (g) Automate manual processes processes, to the extent that automation is feasible, by providing the ability to electronically receive and submit financial management documents and data between agencies, departments, banks, vendors, and other government entities. |
|---|
| 799 | | - | |
|---|
| 800 | | - | (h) Provide online access to financial management information resulting in a reduction of payment or approval inquiries, or both. |
|---|
| 801 | | - | |
|---|
| 802 | | - | (i) Improve the states ability to preserve, access, and analyze historical financial management information to reduce the workload required to research and prepare this information. |
|---|
| 803 | | - | |
|---|
| 804 | | - | (j) Enable the state to more quickly implement, track, and report on changes to financial management processes and systems to accommodate new information such as statutory changes and performance information. |
|---|
| 805 | | - | |
|---|
| 806 | | - | (k) Reduce the time, workload, and costs associated with capturing and projecting revenues, expenditures, and program needs for multiple years and scenarios, and for tracking, reporting, and responding to legislative actions. |
|---|
| 807 | | - | |
|---|
| 808 | | - | (l) Track purchase volumes and costs by vendor and commodity code or service code to increase strategic sourcing opportunities, reduce purchase prices, and capture total state spending data. |
|---|
| 809 | | - | |
|---|
| 810 | | - | (m) Reduce procurement cycle time by automating purchasing authority limits and approval dependencies, and easing access to goods and services available from existing sources, including, but not limited to, using leveraged procurement agreements. |
|---|
| 811 | | - | |
|---|
| 812 | | - | (n) Streamline the accounts receivable collections process and allow for offset capability which will provide the ability for increased cash collection. |
|---|
| 813 | | - | |
|---|
| 814 | | - | (o) Streamline the payment process and allow for faster vendor payments that will reduce late payment penalty fees paid by the state. |
|---|
| 815 | | - | |
|---|
| 816 | | - | (p) Improve role-based security and workflow authorization by capturing near real-time data from the states human resources system of record. |
|---|
| 817 | | - | |
|---|
| 818 | | - | (q) Implement a stable and secure information technology infrastructure. |
|---|
| 819 | | - | |
|---|
| 820 | | - | SEC. 18. Section 11856 is added to the Government Code, immediately preceding Section 11860, to read:11856. (a) Notwithstanding any other law, and to the extent feasible as determined by the department in conjunction with the Department of Finance, state departments and agencies shall use the system.(b) The systems project objectives, as identified in Sections 11854 and 11862, for purposes of reporting pursuant to Section 11546, are determined to be complete as of July 1, 2022. Therefore, no further reporting pursuant to Section 11546 on system development, implementation, enhancement, maintenance and operations, security, or related workload is required.(c) The department shall create and maintain a plan or roadmap pursuant to Section 11865. |
|---|
| 821 | | - | |
|---|
| 822 | | - | SEC. 18. Section 11856 is added to the Government Code, immediately preceding Section 11860, to read: |
|---|
| 823 | | - | |
|---|
| 824 | | - | ### SEC. 18. |
|---|
| 825 | | - | |
|---|
| 826 | | - | 11856. (a) Notwithstanding any other law, and to the extent feasible as determined by the department in conjunction with the Department of Finance, state departments and agencies shall use the system.(b) The systems project objectives, as identified in Sections 11854 and 11862, for purposes of reporting pursuant to Section 11546, are determined to be complete as of July 1, 2022. Therefore, no further reporting pursuant to Section 11546 on system development, implementation, enhancement, maintenance and operations, security, or related workload is required.(c) The department shall create and maintain a plan or roadmap pursuant to Section 11865. |
|---|
| 827 | | - | |
|---|
| 828 | | - | 11856. (a) Notwithstanding any other law, and to the extent feasible as determined by the department in conjunction with the Department of Finance, state departments and agencies shall use the system.(b) The systems project objectives, as identified in Sections 11854 and 11862, for purposes of reporting pursuant to Section 11546, are determined to be complete as of July 1, 2022. Therefore, no further reporting pursuant to Section 11546 on system development, implementation, enhancement, maintenance and operations, security, or related workload is required.(c) The department shall create and maintain a plan or roadmap pursuant to Section 11865. |
|---|
| 829 | | - | |
|---|
| 830 | | - | 11856. (a) Notwithstanding any other law, and to the extent feasible as determined by the department in conjunction with the Department of Finance, state departments and agencies shall use the system.(b) The systems project objectives, as identified in Sections 11854 and 11862, for purposes of reporting pursuant to Section 11546, are determined to be complete as of July 1, 2022. Therefore, no further reporting pursuant to Section 11546 on system development, implementation, enhancement, maintenance and operations, security, or related workload is required.(c) The department shall create and maintain a plan or roadmap pursuant to Section 11865. |
|---|
| 831 | | - | |
|---|
| 832 | | - | |
|---|
| 833 | | - | |
|---|
| 834 | | - | 11856. (a) Notwithstanding any other law, and to the extent feasible as determined by the department in conjunction with the Department of Finance, state departments and agencies shall use the system. |
|---|
| 835 | | - | |
|---|
| 836 | | - | (b) The systems project objectives, as identified in Sections 11854 and 11862, for purposes of reporting pursuant to Section 11546, are determined to be complete as of July 1, 2022. Therefore, no further reporting pursuant to Section 11546 on system development, implementation, enhancement, maintenance and operations, security, or related workload is required. |
|---|
| 837 | | - | |
|---|
| 838 | | - | (c) The department shall create and maintain a plan or roadmap pursuant to Section 11865. |
|---|
| 839 | | - | |
|---|
| 840 | | - | SEC. 19. The heading of Article 2 (commencing with Section 11860) of Chapter 10 of Part 1 of Division 3 of Title 2 of the Government Code is amended to read: Article 2. Development Ongoing Maintenance and Implementation Operation of FISCal |
|---|
| 841 | | - | |
|---|
| 842 | | - | SEC. 19. The heading of Article 2 (commencing with Section 11860) of Chapter 10 of Part 1 of Division 3 of Title 2 of the Government Code is amended to read: |
|---|
| 843 | | - | |
|---|
| 844 | | - | ### SEC. 19. |
|---|
| 845 | | - | |
|---|
| 846 | | - | Article 2. Development Ongoing Maintenance and Implementation Operation of FISCal |
|---|
| 847 | | - | |
|---|
| 848 | | - | Article 2. Development Ongoing Maintenance and Implementation Operation of FISCal |
|---|
| 849 | | - | |
|---|
| 850 | | - | Article 2. Development Ongoing Maintenance and Implementation Operation of FISCal |
|---|
| 851 | | - | |
|---|
| 852 | | - | Article 2. Development Ongoing Maintenance and Implementation Operation of FISCal |
|---|
| 853 | | - | |
|---|
| 854 | | - | SEC. 20. Section 11860 of the Government Code is amended to read:11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop, implement, and develop enhancements to the system, utilize the system system, and assist the department to maintain the system. This effort will shall ensure best business practices by embracing opportunities to reengineer the states business processes and will shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the office, department, a department or agency shall be permitted to may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before July 1, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before March 1, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
|---|
| 855 | | - | |
|---|
| 856 | | - | SEC. 20. Section 11860 of the Government Code is amended to read: |
|---|
| 857 | | - | |
|---|
| 858 | | - | ### SEC. 20. |
|---|
| 859 | | - | |
|---|
| 860 | | - | 11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop, implement, and develop enhancements to the system, utilize the system system, and assist the department to maintain the system. This effort will shall ensure best business practices by embracing opportunities to reengineer the states business processes and will shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the office, department, a department or agency shall be permitted to may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before July 1, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before March 1, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
|---|
| 861 | | - | |
|---|
| 862 | | - | 11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop, implement, and develop enhancements to the system, utilize the system system, and assist the department to maintain the system. This effort will shall ensure best business practices by embracing opportunities to reengineer the states business processes and will shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the office, department, a department or agency shall be permitted to may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before July 1, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before March 1, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
|---|
| 863 | | - | |
|---|
| 864 | | - | 11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop, implement, and develop enhancements to the system, utilize the system system, and assist the department to maintain the system. This effort will shall ensure best business practices by embracing opportunities to reengineer the states business processes and will shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the office, department, a department or agency shall be permitted to may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before July 1, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before March 1, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
|---|
| 865 | | - | |
|---|
| 866 | | - | |
|---|
| 867 | | - | |
|---|
| 868 | | - | 11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop, implement, and develop enhancements to the system, utilize the system system, and assist the department to maintain the system. This effort will shall ensure best business practices by embracing opportunities to reengineer the states business processes and will shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting. |
|---|
| 869 | | - | |
|---|
| 870 | | - | (b) State departments and agencies shall use the system, or, upon approval from the office, department, a department or agency shall be permitted to may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system. |
|---|
| 871 | | - | |
|---|
| 872 | | - | (c) To facilitate the integration of the states accounting book of record to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following: |
|---|
| 873 | | - | |
|---|
| 874 | | - | (1) On or before July 1, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2. |
|---|
| 875 | | - | |
|---|
| 876 | | - | (2) On or before March 1, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
|---|
| 877 | | - | |
|---|
| 878 | | - | SEC. 21. Section 11862 of the Government Code is amended to read:11862. (a) In addition to the requirements set forth in the approved FISCal project documents, the system shall include a state transparency component that allows the public to have access to information regarding General Fund, special fund, federal fund, and federal other nongovernmental cost fund expenditure data, data using an Internet Web site. internet website.(b) This section shall does not require the disclosure of information deemed confidential or otherwise exempt from disclosure under state or federal law. |
|---|
| 879 | | - | |
|---|
| 880 | | - | SEC. 21. Section 11862 of the Government Code is amended to read: |
|---|
| 881 | | - | |
|---|
| 882 | | - | ### SEC. 21. |
|---|
| 883 | | - | |
|---|
| 884 | | - | 11862. (a) In addition to the requirements set forth in the approved FISCal project documents, the system shall include a state transparency component that allows the public to have access to information regarding General Fund, special fund, federal fund, and federal other nongovernmental cost fund expenditure data, data using an Internet Web site. internet website.(b) This section shall does not require the disclosure of information deemed confidential or otherwise exempt from disclosure under state or federal law. |
|---|
| 885 | | - | |
|---|
| 886 | | - | 11862. (a) In addition to the requirements set forth in the approved FISCal project documents, the system shall include a state transparency component that allows the public to have access to information regarding General Fund, special fund, federal fund, and federal other nongovernmental cost fund expenditure data, data using an Internet Web site. internet website.(b) This section shall does not require the disclosure of information deemed confidential or otherwise exempt from disclosure under state or federal law. |
|---|
| 887 | | - | |
|---|
| 888 | | - | 11862. (a) In addition to the requirements set forth in the approved FISCal project documents, the system shall include a state transparency component that allows the public to have access to information regarding General Fund, special fund, federal fund, and federal other nongovernmental cost fund expenditure data, data using an Internet Web site. internet website.(b) This section shall does not require the disclosure of information deemed confidential or otherwise exempt from disclosure under state or federal law. |
|---|
| 889 | | - | |
|---|
| 890 | | - | |
|---|
| 891 | | - | |
|---|
| 892 | | - | 11862. (a) In addition to the requirements set forth in the approved FISCal project documents, the system shall include a state transparency component that allows the public to have access to information regarding General Fund, special fund, federal fund, and federal other nongovernmental cost fund expenditure data, data using an Internet Web site. internet website. |
|---|
| 893 | | - | |
|---|
| 894 | | - | (b) This section shall does not require the disclosure of information deemed confidential or otherwise exempt from disclosure under state or federal law. |
|---|
| 895 | | - | |
|---|
| 896 | | - | SEC. 22. Section 11864 of the Government Code is repealed.11864.(a)Throughout the development of the system, the California State Auditors Office shall independently monitor the system as the California State Auditor deems appropriate. The California State Auditors Office independent monitoring of the system shall include, but not be limited to, all of the following:(1)Monitoring the contract for independent project oversight and independent verification and validation services relating to the system.(2)Assessing whether concerns about the system raised by the independent project oversight and independent verification and validation services are being addressed by the office and the steering committee of the office.(3)Assessing whether the system is progressing timely and within its budget.(b)The California State Auditors Office shall report, at a minimum, on or before January 10 of each year, on the system activities that the California State Auditors Office deems appropriate to monitor pursuant to this section in a manner consistent with Chapter 6.5 (commencing with Section 8543) of Division 1.(c)This section shall not supersede or compromise the Department of Technologys oversight authority and responsibilities with respect to the system.(d)This section shall remain operative until the completion of the system, as specified in paragraph (2) of subdivision (a) of Section 11890, and thereafter shall be inoperative. |
|---|
| 897 | | - | |
|---|
| 898 | | - | SEC. 22. Section 11864 of the Government Code is repealed. |
|---|
| 899 | | - | |
|---|
| 900 | | - | ### SEC. 22. |
|---|
| 901 | | - | |
|---|
| 902 | | - | 11864.(a)Throughout the development of the system, the California State Auditors Office shall independently monitor the system as the California State Auditor deems appropriate. The California State Auditors Office independent monitoring of the system shall include, but not be limited to, all of the following:(1)Monitoring the contract for independent project oversight and independent verification and validation services relating to the system.(2)Assessing whether concerns about the system raised by the independent project oversight and independent verification and validation services are being addressed by the office and the steering committee of the office.(3)Assessing whether the system is progressing timely and within its budget.(b)The California State Auditors Office shall report, at a minimum, on or before January 10 of each year, on the system activities that the California State Auditors Office deems appropriate to monitor pursuant to this section in a manner consistent with Chapter 6.5 (commencing with Section 8543) of Division 1.(c)This section shall not supersede or compromise the Department of Technologys oversight authority and responsibilities with respect to the system.(d)This section shall remain operative until the completion of the system, as specified in paragraph (2) of subdivision (a) of Section 11890, and thereafter shall be inoperative. |
|---|
| 903 | | - | |
|---|
| 904 | | - | |
|---|
| 905 | | - | |
|---|
| 906 | | - | (a)Throughout the development of the system, the California State Auditors Office shall independently monitor the system as the California State Auditor deems appropriate. The California State Auditors Office independent monitoring of the system shall include, but not be limited to, all of the following: |
|---|
| 907 | | - | |
|---|
| 908 | | - | |
|---|
| 909 | | - | |
|---|
| 910 | | - | (1)Monitoring the contract for independent project oversight and independent verification and validation services relating to the system. |
|---|
| 911 | | - | |
|---|
| 912 | | - | |
|---|
| 913 | | - | |
|---|
| 914 | | - | (2)Assessing whether concerns about the system raised by the independent project oversight and independent verification and validation services are being addressed by the office and the steering committee of the office. |
|---|
| 915 | | - | |
|---|
| 916 | | - | |
|---|
| 917 | | - | |
|---|
| 918 | | - | (3)Assessing whether the system is progressing timely and within its budget. |
|---|
| 919 | | - | |
|---|
| 920 | | - | |
|---|
| 921 | | - | |
|---|
| 922 | | - | (b)The California State Auditors Office shall report, at a minimum, on or before January 10 of each year, on the system activities that the California State Auditors Office deems appropriate to monitor pursuant to this section in a manner consistent with Chapter 6.5 (commencing with Section 8543) of Division 1. |
|---|
| 923 | | - | |
|---|
| 924 | | - | |
|---|
| 925 | | - | |
|---|
| 926 | | - | (c)This section shall not supersede or compromise the Department of Technologys oversight authority and responsibilities with respect to the system. |
|---|
| 927 | | - | |
|---|
| 928 | | - | |
|---|
| 929 | | - | |
|---|
| 930 | | - | (d)This section shall remain operative until the completion of the system, as specified in paragraph (2) of subdivision (a) of Section 11890, and thereafter shall be inoperative. |
|---|
| 931 | | - | |
|---|
| 932 | | - | |
|---|
| 933 | | - | |
|---|
| 934 | | - | SEC. 23. Section 11864 is added to the Government Code, to read:11864. (a) On or before October 31, 2023, and annually thereafter on or before October 31, the department shall submit a report to the Legislature, pursuant to Section 9795, that includes all of the following:(1) An executive summary and overview of the systems status.(2) An overview of the systems history.(3) Significant events of the system within the current reporting period.(4) An overview of change management activities and stakeholder engagement for any new departments onboarding to the system.(5) A discussion of lessons learned and best practices that will be incorporated into future changes in the management of the system.(6) A description of any significant software customization, including the reason for the customization, if any customization was granted.(7) The date on which state departments and agencies submit year-end reports to the Controller.(8) The number of trainings held at the department and a list of state departments and agencies participating in these trainings.(9) The number and length of unplanned outages that occurred during normal business hours.(10) The number of requests for changes to the system by entities that reported concerns with using the system to meet federal requirements and descriptions of the departments efforts to resolve those concerns.(11) The recommendations from evaluations performed pursuant to subdivisions (a) and (c) of Section 11868.(b) (1) Commencing October 31, 2023, and biennially thereafter, the department shall report on the status of planning for roadmap activities, as described in Section 11865, including any expenditures made with funds provided by the Department of Finance and the Legislature to support roadmap activities pursuant to items 8880-001-0001 and 8880-001-9740 of the annual Budget Act.(2) This section shall remain operative until the completion of roadmap activities, as described in Section 11865, or until January 1, 2034, whichever is earlier. |
|---|
| 935 | | - | |
|---|
| 936 | | - | SEC. 23. Section 11864 is added to the Government Code, to read: |
|---|
| 937 | | - | |
|---|
| 938 | | - | ### SEC. 23. |
|---|
| 939 | | - | |
|---|
| 940 | | - | 11864. (a) On or before October 31, 2023, and annually thereafter on or before October 31, the department shall submit a report to the Legislature, pursuant to Section 9795, that includes all of the following:(1) An executive summary and overview of the systems status.(2) An overview of the systems history.(3) Significant events of the system within the current reporting period.(4) An overview of change management activities and stakeholder engagement for any new departments onboarding to the system.(5) A discussion of lessons learned and best practices that will be incorporated into future changes in the management of the system.(6) A description of any significant software customization, including the reason for the customization, if any customization was granted.(7) The date on which state departments and agencies submit year-end reports to the Controller.(8) The number of trainings held at the department and a list of state departments and agencies participating in these trainings.(9) The number and length of unplanned outages that occurred during normal business hours.(10) The number of requests for changes to the system by entities that reported concerns with using the system to meet federal requirements and descriptions of the departments efforts to resolve those concerns.(11) The recommendations from evaluations performed pursuant to subdivisions (a) and (c) of Section 11868.(b) (1) Commencing October 31, 2023, and biennially thereafter, the department shall report on the status of planning for roadmap activities, as described in Section 11865, including any expenditures made with funds provided by the Department of Finance and the Legislature to support roadmap activities pursuant to items 8880-001-0001 and 8880-001-9740 of the annual Budget Act.(2) This section shall remain operative until the completion of roadmap activities, as described in Section 11865, or until January 1, 2034, whichever is earlier. |
|---|
| 941 | | - | |
|---|
| 942 | | - | 11864. (a) On or before October 31, 2023, and annually thereafter on or before October 31, the department shall submit a report to the Legislature, pursuant to Section 9795, that includes all of the following:(1) An executive summary and overview of the systems status.(2) An overview of the systems history.(3) Significant events of the system within the current reporting period.(4) An overview of change management activities and stakeholder engagement for any new departments onboarding to the system.(5) A discussion of lessons learned and best practices that will be incorporated into future changes in the management of the system.(6) A description of any significant software customization, including the reason for the customization, if any customization was granted.(7) The date on which state departments and agencies submit year-end reports to the Controller.(8) The number of trainings held at the department and a list of state departments and agencies participating in these trainings.(9) The number and length of unplanned outages that occurred during normal business hours.(10) The number of requests for changes to the system by entities that reported concerns with using the system to meet federal requirements and descriptions of the departments efforts to resolve those concerns.(11) The recommendations from evaluations performed pursuant to subdivisions (a) and (c) of Section 11868.(b) (1) Commencing October 31, 2023, and biennially thereafter, the department shall report on the status of planning for roadmap activities, as described in Section 11865, including any expenditures made with funds provided by the Department of Finance and the Legislature to support roadmap activities pursuant to items 8880-001-0001 and 8880-001-9740 of the annual Budget Act.(2) This section shall remain operative until the completion of roadmap activities, as described in Section 11865, or until January 1, 2034, whichever is earlier. |
|---|
| 943 | | - | |
|---|
| 944 | | - | 11864. (a) On or before October 31, 2023, and annually thereafter on or before October 31, the department shall submit a report to the Legislature, pursuant to Section 9795, that includes all of the following:(1) An executive summary and overview of the systems status.(2) An overview of the systems history.(3) Significant events of the system within the current reporting period.(4) An overview of change management activities and stakeholder engagement for any new departments onboarding to the system.(5) A discussion of lessons learned and best practices that will be incorporated into future changes in the management of the system.(6) A description of any significant software customization, including the reason for the customization, if any customization was granted.(7) The date on which state departments and agencies submit year-end reports to the Controller.(8) The number of trainings held at the department and a list of state departments and agencies participating in these trainings.(9) The number and length of unplanned outages that occurred during normal business hours.(10) The number of requests for changes to the system by entities that reported concerns with using the system to meet federal requirements and descriptions of the departments efforts to resolve those concerns.(11) The recommendations from evaluations performed pursuant to subdivisions (a) and (c) of Section 11868.(b) (1) Commencing October 31, 2023, and biennially thereafter, the department shall report on the status of planning for roadmap activities, as described in Section 11865, including any expenditures made with funds provided by the Department of Finance and the Legislature to support roadmap activities pursuant to items 8880-001-0001 and 8880-001-9740 of the annual Budget Act.(2) This section shall remain operative until the completion of roadmap activities, as described in Section 11865, or until January 1, 2034, whichever is earlier. |
|---|
| 945 | | - | |
|---|
| 946 | | - | |
|---|
| 947 | | - | |
|---|
| 948 | | - | 11864. (a) On or before October 31, 2023, and annually thereafter on or before October 31, the department shall submit a report to the Legislature, pursuant to Section 9795, that includes all of the following: |
|---|
| 949 | | - | |
|---|
| 950 | | - | (1) An executive summary and overview of the systems status. |
|---|
| 951 | | - | |
|---|
| 952 | | - | (2) An overview of the systems history. |
|---|
| 953 | | - | |
|---|
| 954 | | - | (3) Significant events of the system within the current reporting period. |
|---|
| 955 | | - | |
|---|
| 956 | | - | (4) An overview of change management activities and stakeholder engagement for any new departments onboarding to the system. |
|---|
| 957 | | - | |
|---|
| 958 | | - | (5) A discussion of lessons learned and best practices that will be incorporated into future changes in the management of the system. |
|---|
| 959 | | - | |
|---|
| 960 | | - | (6) A description of any significant software customization, including the reason for the customization, if any customization was granted. |
|---|
| 961 | | - | |
|---|
| 962 | | - | (7) The date on which state departments and agencies submit year-end reports to the Controller. |
|---|
| 963 | | - | |
|---|
| 964 | | - | (8) The number of trainings held at the department and a list of state departments and agencies participating in these trainings. |
|---|
| 965 | | - | |
|---|
| 966 | | - | (9) The number and length of unplanned outages that occurred during normal business hours. |
|---|
| 967 | | - | |
|---|
| 968 | | - | (10) The number of requests for changes to the system by entities that reported concerns with using the system to meet federal requirements and descriptions of the departments efforts to resolve those concerns. |
|---|
| 969 | | - | |
|---|
| 970 | | - | (11) The recommendations from evaluations performed pursuant to subdivisions (a) and (c) of Section 11868. |
|---|
| 971 | | - | |
|---|
| 972 | | - | (b) (1) Commencing October 31, 2023, and biennially thereafter, the department shall report on the status of planning for roadmap activities, as described in Section 11865, including any expenditures made with funds provided by the Department of Finance and the Legislature to support roadmap activities pursuant to items 8880-001-0001 and 8880-001-9740 of the annual Budget Act. |
|---|
| 973 | | - | |
|---|
| 974 | | - | (2) This section shall remain operative until the completion of roadmap activities, as described in Section 11865, or until January 1, 2034, whichever is earlier. |
|---|
| 975 | | - | |
|---|
| 976 | | - | SEC. 24. Section 11865 is added to the Government Code, immediately following Section 11864, to read:11865. The department shall complete all of the following roadmap activities on or before July 1, 2032, unless otherwise specified:(a) Ensure the system is technically optimized and secure based on infrastructure, platform, and software industry best practices, whether on-premise technologies, cloud-hosted technologies, or a combination thereof are used.(b) Onboard the remaining deferred departments by July 1, 2032, and be sufficiently staffed to provide ongoing support and assistance to end users.(c) Ensure the integrity and security of the states financial data.(d) Support the transition of the states accounting book of record from the Controllers legacy systems to the system pursuant to subdivision (c) of Section 11860, including validation work related to the annual comprehensive financial report issued pursuant to Section 12460.(e) Work with partner agencies to identify and implement additional products, interfaces, and add-ons to the system to enhance business transactions.(f) Continue to enhance, upgrade, and manage the system to ensure efficient and relevant alignment with the states financial management processes. |
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| 977 | | - | |
|---|
| 978 | | - | SEC. 24. Section 11865 is added to the Government Code, immediately following Section 11864, to read: |
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| 979 | | - | |
|---|
| 980 | | - | ### SEC. 24. |
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| 981 | | - | |
|---|
| 982 | | - | 11865. The department shall complete all of the following roadmap activities on or before July 1, 2032, unless otherwise specified:(a) Ensure the system is technically optimized and secure based on infrastructure, platform, and software industry best practices, whether on-premise technologies, cloud-hosted technologies, or a combination thereof are used.(b) Onboard the remaining deferred departments by July 1, 2032, and be sufficiently staffed to provide ongoing support and assistance to end users.(c) Ensure the integrity and security of the states financial data.(d) Support the transition of the states accounting book of record from the Controllers legacy systems to the system pursuant to subdivision (c) of Section 11860, including validation work related to the annual comprehensive financial report issued pursuant to Section 12460.(e) Work with partner agencies to identify and implement additional products, interfaces, and add-ons to the system to enhance business transactions.(f) Continue to enhance, upgrade, and manage the system to ensure efficient and relevant alignment with the states financial management processes. |
|---|
| 983 | | - | |
|---|
| 984 | | - | 11865. The department shall complete all of the following roadmap activities on or before July 1, 2032, unless otherwise specified:(a) Ensure the system is technically optimized and secure based on infrastructure, platform, and software industry best practices, whether on-premise technologies, cloud-hosted technologies, or a combination thereof are used.(b) Onboard the remaining deferred departments by July 1, 2032, and be sufficiently staffed to provide ongoing support and assistance to end users.(c) Ensure the integrity and security of the states financial data.(d) Support the transition of the states accounting book of record from the Controllers legacy systems to the system pursuant to subdivision (c) of Section 11860, including validation work related to the annual comprehensive financial report issued pursuant to Section 12460.(e) Work with partner agencies to identify and implement additional products, interfaces, and add-ons to the system to enhance business transactions.(f) Continue to enhance, upgrade, and manage the system to ensure efficient and relevant alignment with the states financial management processes. |
|---|
| 985 | | - | |
|---|
| 986 | | - | 11865. The department shall complete all of the following roadmap activities on or before July 1, 2032, unless otherwise specified:(a) Ensure the system is technically optimized and secure based on infrastructure, platform, and software industry best practices, whether on-premise technologies, cloud-hosted technologies, or a combination thereof are used.(b) Onboard the remaining deferred departments by July 1, 2032, and be sufficiently staffed to provide ongoing support and assistance to end users.(c) Ensure the integrity and security of the states financial data.(d) Support the transition of the states accounting book of record from the Controllers legacy systems to the system pursuant to subdivision (c) of Section 11860, including validation work related to the annual comprehensive financial report issued pursuant to Section 12460.(e) Work with partner agencies to identify and implement additional products, interfaces, and add-ons to the system to enhance business transactions.(f) Continue to enhance, upgrade, and manage the system to ensure efficient and relevant alignment with the states financial management processes. |
|---|
| 987 | | - | |
|---|
| 988 | | - | |
|---|
| 989 | | - | |
|---|
| 990 | | - | 11865. The department shall complete all of the following roadmap activities on or before July 1, 2032, unless otherwise specified: |
|---|
| 991 | | - | |
|---|
| 992 | | - | (a) Ensure the system is technically optimized and secure based on infrastructure, platform, and software industry best practices, whether on-premise technologies, cloud-hosted technologies, or a combination thereof are used. |
|---|
| 993 | | - | |
|---|
| 994 | | - | (b) Onboard the remaining deferred departments by July 1, 2032, and be sufficiently staffed to provide ongoing support and assistance to end users. |
|---|
| 995 | | - | |
|---|
| 996 | | - | (c) Ensure the integrity and security of the states financial data. |
|---|
| 997 | | - | |
|---|
| 998 | | - | (d) Support the transition of the states accounting book of record from the Controllers legacy systems to the system pursuant to subdivision (c) of Section 11860, including validation work related to the annual comprehensive financial report issued pursuant to Section 12460. |
|---|
| 999 | | - | |
|---|
| 1000 | | - | (e) Work with partner agencies to identify and implement additional products, interfaces, and add-ons to the system to enhance business transactions. |
|---|
| 1001 | | - | |
|---|
| 1002 | | - | (f) Continue to enhance, upgrade, and manage the system to ensure efficient and relevant alignment with the states financial management processes. |
|---|
| 1003 | | - | |
|---|
| 1004 | | - | SEC. 25. Section 11868 is added to the Government Code, immediately following Section 11865, to read:11868. (a) In its independent monitoring of the system, the California State Auditors Office shall do, but is not limited to doing, both of the following:(1) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the Controllers progress toward transitioning the states accounting book of record from the legacy system utilized by the Controller to the system pursuant to subdivision (c) of Section 11860.(B) This paragraph shall apply only until the successful transition of the accounting book of record to the system.(2) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the departments completion of the activities required by Section 11865, with an emphasis on the activities described in subdivisions (c) and (e) of Section 11865 as top priorities. (B) This paragraph shall apply only until the successful completion of the roadmap activities described in Section 11865.(b) The department may contract for quality assurance services to monitor system-related workload, as needed or as determined to be appropriate by the department.(c) The department shall contract for an annual assessment of the system that determines the ease of use of the system by end users, including control agencies, relative to statutory and policy requirements for accounting, cash management, procurement, and budgeting. The assessment shall include recommendations to the department on process, policy, and system improvements including, but not limited to, changes that would assist departments in submitting timely annual financial statements. |
|---|
| 1005 | | - | |
|---|
| 1006 | | - | SEC. 25. Section 11868 is added to the Government Code, immediately following Section 11865, to read: |
|---|
| 1007 | | - | |
|---|
| 1008 | | - | ### SEC. 25. |
|---|
| 1009 | | - | |
|---|
| 1010 | | - | 11868. (a) In its independent monitoring of the system, the California State Auditors Office shall do, but is not limited to doing, both of the following:(1) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the Controllers progress toward transitioning the states accounting book of record from the legacy system utilized by the Controller to the system pursuant to subdivision (c) of Section 11860.(B) This paragraph shall apply only until the successful transition of the accounting book of record to the system.(2) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the departments completion of the activities required by Section 11865, with an emphasis on the activities described in subdivisions (c) and (e) of Section 11865 as top priorities. (B) This paragraph shall apply only until the successful completion of the roadmap activities described in Section 11865.(b) The department may contract for quality assurance services to monitor system-related workload, as needed or as determined to be appropriate by the department.(c) The department shall contract for an annual assessment of the system that determines the ease of use of the system by end users, including control agencies, relative to statutory and policy requirements for accounting, cash management, procurement, and budgeting. The assessment shall include recommendations to the department on process, policy, and system improvements including, but not limited to, changes that would assist departments in submitting timely annual financial statements. |
|---|
| 1011 | | - | |
|---|
| 1012 | | - | 11868. (a) In its independent monitoring of the system, the California State Auditors Office shall do, but is not limited to doing, both of the following:(1) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the Controllers progress toward transitioning the states accounting book of record from the legacy system utilized by the Controller to the system pursuant to subdivision (c) of Section 11860.(B) This paragraph shall apply only until the successful transition of the accounting book of record to the system.(2) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the departments completion of the activities required by Section 11865, with an emphasis on the activities described in subdivisions (c) and (e) of Section 11865 as top priorities. (B) This paragraph shall apply only until the successful completion of the roadmap activities described in Section 11865.(b) The department may contract for quality assurance services to monitor system-related workload, as needed or as determined to be appropriate by the department.(c) The department shall contract for an annual assessment of the system that determines the ease of use of the system by end users, including control agencies, relative to statutory and policy requirements for accounting, cash management, procurement, and budgeting. The assessment shall include recommendations to the department on process, policy, and system improvements including, but not limited to, changes that would assist departments in submitting timely annual financial statements. |
|---|
| 1013 | | - | |
|---|
| 1014 | | - | 11868. (a) In its independent monitoring of the system, the California State Auditors Office shall do, but is not limited to doing, both of the following:(1) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the Controllers progress toward transitioning the states accounting book of record from the legacy system utilized by the Controller to the system pursuant to subdivision (c) of Section 11860.(B) This paragraph shall apply only until the successful transition of the accounting book of record to the system.(2) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the departments completion of the activities required by Section 11865, with an emphasis on the activities described in subdivisions (c) and (e) of Section 11865 as top priorities. (B) This paragraph shall apply only until the successful completion of the roadmap activities described in Section 11865.(b) The department may contract for quality assurance services to monitor system-related workload, as needed or as determined to be appropriate by the department.(c) The department shall contract for an annual assessment of the system that determines the ease of use of the system by end users, including control agencies, relative to statutory and policy requirements for accounting, cash management, procurement, and budgeting. The assessment shall include recommendations to the department on process, policy, and system improvements including, but not limited to, changes that would assist departments in submitting timely annual financial statements. |
|---|
| 1015 | | - | |
|---|
| 1016 | | - | |
|---|
| 1017 | | - | |
|---|
| 1018 | | - | 11868. (a) In its independent monitoring of the system, the California State Auditors Office shall do, but is not limited to doing, both of the following: |
|---|
| 1019 | | - | |
|---|
| 1020 | | - | (1) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the Controllers progress toward transitioning the states accounting book of record from the legacy system utilized by the Controller to the system pursuant to subdivision (c) of Section 11860. |
|---|
| 1021 | | - | |
|---|
| 1022 | | - | (B) This paragraph shall apply only until the successful transition of the accounting book of record to the system. |
|---|
| 1023 | | - | |
|---|
| 1024 | | - | (2) (A) Monitor and report annually to the Legislature, pursuant to Section 9795, regarding the departments completion of the activities required by Section 11865, with an emphasis on the activities described in subdivisions (c) and (e) of Section 11865 as top priorities. |
|---|
| 1025 | | - | |
|---|
| 1026 | | - | (B) This paragraph shall apply only until the successful completion of the roadmap activities described in Section 11865. |
|---|
| 1027 | | - | |
|---|
| 1028 | | - | (b) The department may contract for quality assurance services to monitor system-related workload, as needed or as determined to be appropriate by the department. |
|---|
| 1029 | | - | |
|---|
| 1030 | | - | (c) The department shall contract for an annual assessment of the system that determines the ease of use of the system by end users, including control agencies, relative to statutory and policy requirements for accounting, cash management, procurement, and budgeting. The assessment shall include recommendations to the department on process, policy, and system improvements including, but not limited to, changes that would assist departments in submitting timely annual financial statements. |
|---|
| 1031 | | - | |
|---|
| 1032 | | - | SEC. 26. Section 11880 of the Government Code is amended to read:11880. (a) The office and department shall require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, and or partner agency employee assigned to either the office or the department whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure.(b) The fingerprint images and associated information described in subdivision (a) shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of any of the following:(1) A record of state or federal convictions and the existence and nature of state or federal arrests for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal.(2) Being convicted of, or pleading nolo contendere to, a crime, or having committed an act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of the person in accordance with this provision.(3) Any conviction or arrest, for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal, with a reasonable nexus to the information or data to which the person shall have access.(c) Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(d) The Department of Justice shall respond to the Chief of Human Resources of the office or the department with information as provided under subdivision (p) of Section 11105 of the Penal Code.(e) The Chief of Human Resources of the office or the department shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code.(f) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(g) Persons described in subdivision (a) may be rejected if it is determined they meet the criteria described in paragraph (2) or (3) of subdivision (b). If a person is rejected, the individual shall receive a copy of the response record from the Chief of Human Resources of the office or the department. Resources.(h) The Chief of Human Resources of the office or the department shall follow a written appeal process for an individual described in subdivision (a) who is determined ineligible for employment because of his or her the individuals Department of Justice or Federal Bureau of Investigation criminal offender record.(i) When considering the background information received pursuant to this section, the Chief of Human Resources of the office or the department shall take under consideration any evidence of rehabilitation, including, but not limited to, participation in treatment programs and age and specifics of the offense. |
|---|
| 1033 | | - | |
|---|
| 1034 | | - | SEC. 26. Section 11880 of the Government Code is amended to read: |
|---|
| 1035 | | - | |
|---|
| 1036 | | - | ### SEC. 26. |
|---|
| 1037 | | - | |
|---|
| 1038 | | - | 11880. (a) The office and department shall require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, and or partner agency employee assigned to either the office or the department whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure.(b) The fingerprint images and associated information described in subdivision (a) shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of any of the following:(1) A record of state or federal convictions and the existence and nature of state or federal arrests for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal.(2) Being convicted of, or pleading nolo contendere to, a crime, or having committed an act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of the person in accordance with this provision.(3) Any conviction or arrest, for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal, with a reasonable nexus to the information or data to which the person shall have access.(c) Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(d) The Department of Justice shall respond to the Chief of Human Resources of the office or the department with information as provided under subdivision (p) of Section 11105 of the Penal Code.(e) The Chief of Human Resources of the office or the department shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code.(f) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(g) Persons described in subdivision (a) may be rejected if it is determined they meet the criteria described in paragraph (2) or (3) of subdivision (b). If a person is rejected, the individual shall receive a copy of the response record from the Chief of Human Resources of the office or the department. Resources.(h) The Chief of Human Resources of the office or the department shall follow a written appeal process for an individual described in subdivision (a) who is determined ineligible for employment because of his or her the individuals Department of Justice or Federal Bureau of Investigation criminal offender record.(i) When considering the background information received pursuant to this section, the Chief of Human Resources of the office or the department shall take under consideration any evidence of rehabilitation, including, but not limited to, participation in treatment programs and age and specifics of the offense. |
|---|
| 1039 | | - | |
|---|
| 1040 | | - | 11880. (a) The office and department shall require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, and or partner agency employee assigned to either the office or the department whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure.(b) The fingerprint images and associated information described in subdivision (a) shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of any of the following:(1) A record of state or federal convictions and the existence and nature of state or federal arrests for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal.(2) Being convicted of, or pleading nolo contendere to, a crime, or having committed an act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of the person in accordance with this provision.(3) Any conviction or arrest, for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal, with a reasonable nexus to the information or data to which the person shall have access.(c) Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(d) The Department of Justice shall respond to the Chief of Human Resources of the office or the department with information as provided under subdivision (p) of Section 11105 of the Penal Code.(e) The Chief of Human Resources of the office or the department shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code.(f) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(g) Persons described in subdivision (a) may be rejected if it is determined they meet the criteria described in paragraph (2) or (3) of subdivision (b). If a person is rejected, the individual shall receive a copy of the response record from the Chief of Human Resources of the office or the department. Resources.(h) The Chief of Human Resources of the office or the department shall follow a written appeal process for an individual described in subdivision (a) who is determined ineligible for employment because of his or her the individuals Department of Justice or Federal Bureau of Investigation criminal offender record.(i) When considering the background information received pursuant to this section, the Chief of Human Resources of the office or the department shall take under consideration any evidence of rehabilitation, including, but not limited to, participation in treatment programs and age and specifics of the offense. |
|---|
| 1041 | | - | |
|---|
| 1042 | | - | 11880. (a) The office and department shall require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, and or partner agency employee assigned to either the office or the department whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure.(b) The fingerprint images and associated information described in subdivision (a) shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of any of the following:(1) A record of state or federal convictions and the existence and nature of state or federal arrests for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal.(2) Being convicted of, or pleading nolo contendere to, a crime, or having committed an act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of the person in accordance with this provision.(3) Any conviction or arrest, for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal, with a reasonable nexus to the information or data to which the person shall have access.(c) Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.(d) The Department of Justice shall respond to the Chief of Human Resources of the office or the department with information as provided under subdivision (p) of Section 11105 of the Penal Code.(e) The Chief of Human Resources of the office or the department shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code.(f) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.(g) Persons described in subdivision (a) may be rejected if it is determined they meet the criteria described in paragraph (2) or (3) of subdivision (b). If a person is rejected, the individual shall receive a copy of the response record from the Chief of Human Resources of the office or the department. Resources.(h) The Chief of Human Resources of the office or the department shall follow a written appeal process for an individual described in subdivision (a) who is determined ineligible for employment because of his or her the individuals Department of Justice or Federal Bureau of Investigation criminal offender record.(i) When considering the background information received pursuant to this section, the Chief of Human Resources of the office or the department shall take under consideration any evidence of rehabilitation, including, but not limited to, participation in treatment programs and age and specifics of the offense. |
|---|
| 1043 | | - | |
|---|
| 1044 | | - | |
|---|
| 1045 | | - | |
|---|
| 1046 | | - | 11880. (a) The office and department shall require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, and or partner agency employee assigned to either the office or the department whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure. |
|---|
| 1047 | | - | |
|---|
| 1048 | | - | (b) The fingerprint images and associated information described in subdivision (a) shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of any of the following: |
|---|
| 1049 | | - | |
|---|
| 1050 | | - | (1) A record of state or federal convictions and the existence and nature of state or federal arrests for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal. |
|---|
| 1051 | | - | |
|---|
| 1052 | | - | (2) Being convicted of, or pleading nolo contendere to, a crime, or having committed an act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of the person in accordance with this provision. |
|---|
| 1053 | | - | |
|---|
| 1054 | | - | (3) Any conviction or arrest, for which the person is free on bail or on his or her the persons own recognizance pending trial or appeal, with a reasonable nexus to the information or data to which the person shall have access. |
|---|
| 1055 | | - | |
|---|
| 1056 | | - | (c) Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. |
|---|
| 1057 | | - | |
|---|
| 1058 | | - | (d) The Department of Justice shall respond to the Chief of Human Resources of the office or the department with information as provided under subdivision (p) of Section 11105 of the Penal Code. |
|---|
| 1059 | | - | |
|---|
| 1060 | | - | (e) The Chief of Human Resources of the office or the department shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code. |
|---|
| 1061 | | - | |
|---|
| 1062 | | - | (f) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code. |
|---|
| 1063 | | - | |
|---|
| 1064 | | - | (g) Persons described in subdivision (a) may be rejected if it is determined they meet the criteria described in paragraph (2) or (3) of subdivision (b). If a person is rejected, the individual shall receive a copy of the response record from the Chief of Human Resources of the office or the department. Resources. |
|---|
| 1065 | | - | |
|---|
| 1066 | | - | (h) The Chief of Human Resources of the office or the department shall follow a written appeal process for an individual described in subdivision (a) who is determined ineligible for employment because of his or her the individuals Department of Justice or Federal Bureau of Investigation criminal offender record. |
|---|
| 1067 | | - | |
|---|
| 1068 | | - | (i) When considering the background information received pursuant to this section, the Chief of Human Resources of the office or the department shall take under consideration any evidence of rehabilitation, including, but not limited to, participation in treatment programs and age and specifics of the offense. |
|---|
| 1069 | | - | |
|---|
| 1070 | | - | SEC. 27. Section 11890 of the Government Code is amended to read:11890. (a) (1)There is in state government the Department of FISCal.(2)(A)Upon the acceptance of the system by the state, as determined by the Director of Finance in his or her capacity as the system sponsor, the(b) The Department of FISCal shall be within the Government Operations Agency.(B) The director shall post a notice on the Internet Web site of the Department of FISCal when the Director of Finance accepts the system in accordance with subparagraph (A). (b)The Department of FISCal shall maintain, upgrade, or otherwise enhance and support the system, provide operational support to the customers and stakeholders of the system, and onboard any new, deferred, or exempt state entities. |
|---|
| 1071 | | - | |
|---|
| 1072 | | - | SEC. 27. Section 11890 of the Government Code is amended to read: |
|---|
| 1073 | | - | |
|---|
| 1074 | | - | ### SEC. 27. |
|---|
| 1075 | | - | |
|---|
| 1076 | | - | 11890. (a) (1)There is in state government the Department of FISCal.(2)(A)Upon the acceptance of the system by the state, as determined by the Director of Finance in his or her capacity as the system sponsor, the(b) The Department of FISCal shall be within the Government Operations Agency.(B) The director shall post a notice on the Internet Web site of the Department of FISCal when the Director of Finance accepts the system in accordance with subparagraph (A). (b)The Department of FISCal shall maintain, upgrade, or otherwise enhance and support the system, provide operational support to the customers and stakeholders of the system, and onboard any new, deferred, or exempt state entities. |
|---|
| 1077 | | - | |
|---|
| 1078 | | - | 11890. (a) (1)There is in state government the Department of FISCal.(2)(A)Upon the acceptance of the system by the state, as determined by the Director of Finance in his or her capacity as the system sponsor, the(b) The Department of FISCal shall be within the Government Operations Agency.(B) The director shall post a notice on the Internet Web site of the Department of FISCal when the Director of Finance accepts the system in accordance with subparagraph (A). (b)The Department of FISCal shall maintain, upgrade, or otherwise enhance and support the system, provide operational support to the customers and stakeholders of the system, and onboard any new, deferred, or exempt state entities. |
|---|
| 1079 | | - | |
|---|
| 1080 | | - | 11890. (a) (1)There is in state government the Department of FISCal.(2)(A)Upon the acceptance of the system by the state, as determined by the Director of Finance in his or her capacity as the system sponsor, the(b) The Department of FISCal shall be within the Government Operations Agency.(B) The director shall post a notice on the Internet Web site of the Department of FISCal when the Director of Finance accepts the system in accordance with subparagraph (A). (b)The Department of FISCal shall maintain, upgrade, or otherwise enhance and support the system, provide operational support to the customers and stakeholders of the system, and onboard any new, deferred, or exempt state entities. |
|---|
| 1081 | | - | |
|---|
| 1082 | | - | |
|---|
| 1083 | | - | |
|---|
| 1084 | | - | 11890. (a) (1)There is in state government the Department of FISCal. |
|---|
| 1085 | | - | |
|---|
| 1086 | | - | (2)(A)Upon the acceptance of the system by the state, as determined by the Director of Finance in his or her capacity as the system sponsor, the |
|---|
| 1087 | | - | |
|---|
| 1088 | | - | |
|---|
| 1089 | | - | |
|---|
| 1090 | | - | (b) The Department of FISCal shall be within the Government Operations Agency. |
|---|
| 1091 | | - | |
|---|
| 1092 | | - | (B) The director shall post a notice on the Internet Web site of the Department of FISCal when the Director of Finance accepts the system in accordance with subparagraph (A). |
|---|
| 1093 | | - | |
|---|
| 1094 | | - | (b)The Department of FISCal shall maintain, upgrade, or otherwise enhance and support the system, provide operational support to the customers and stakeholders of the system, and onboard any new, deferred, or exempt state entities. |
|---|
| 1095 | | - | |
|---|
| 1096 | | - | |
|---|
| 1097 | | - | |
|---|
| 1098 | | - | SEC. 28. Section 11892 of the Government Code is amended to read:11892. (a)The department shall incrementally assume responsibility of be responsible for the system functionality as portions of and shall perform all functions necessary to fulfill the system are implemented and accepted. requirements of Section 11865.(b)The department shall provide the administrative functions for the system, including those functions of the office, during its existence. (c)The office and the department shall exist concurrently during the phased implementation of the system. Upon full implementation and final acceptance of the system, the department shall supersede the office and perform all administration, maintenance, and operation of the system. |
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| 1099 | | - | |
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| 1100 | | - | SEC. 28. Section 11892 of the Government Code is amended to read: |
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| 1101 | | - | |
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| 1102 | | - | ### SEC. 28. |
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| 1103 | | - | |
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| 1104 | | - | 11892. (a)The department shall incrementally assume responsibility of be responsible for the system functionality as portions of and shall perform all functions necessary to fulfill the system are implemented and accepted. requirements of Section 11865.(b)The department shall provide the administrative functions for the system, including those functions of the office, during its existence. (c)The office and the department shall exist concurrently during the phased implementation of the system. Upon full implementation and final acceptance of the system, the department shall supersede the office and perform all administration, maintenance, and operation of the system. |
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| 1105 | | - | |
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| 1106 | | - | 11892. (a)The department shall incrementally assume responsibility of be responsible for the system functionality as portions of and shall perform all functions necessary to fulfill the system are implemented and accepted. requirements of Section 11865.(b)The department shall provide the administrative functions for the system, including those functions of the office, during its existence. (c)The office and the department shall exist concurrently during the phased implementation of the system. Upon full implementation and final acceptance of the system, the department shall supersede the office and perform all administration, maintenance, and operation of the system. |
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| 1107 | | - | |
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| 1108 | | - | 11892. (a)The department shall incrementally assume responsibility of be responsible for the system functionality as portions of and shall perform all functions necessary to fulfill the system are implemented and accepted. requirements of Section 11865.(b)The department shall provide the administrative functions for the system, including those functions of the office, during its existence. (c)The office and the department shall exist concurrently during the phased implementation of the system. Upon full implementation and final acceptance of the system, the department shall supersede the office and perform all administration, maintenance, and operation of the system. |
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| 1109 | | - | |
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| 1110 | | - | |
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| 1111 | | - | |
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| 1112 | | - | 11892. (a)The department shall incrementally assume responsibility of be responsible for the system functionality as portions of and shall perform all functions necessary to fulfill the system are implemented and accepted. requirements of Section 11865. |
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| 1113 | | - | |
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| 1114 | | - | (b)The department shall provide the administrative functions for the system, including those functions of the office, during its existence. |
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| 1115 | | - | |
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| 1116 | | - | |
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| 1117 | | - | |
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| 1118 | | - | (c)The office and the department shall exist concurrently during the phased implementation of the system. Upon full implementation and final acceptance of the system, the department shall supersede the office and perform all administration, maintenance, and operation of the system. |
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| 1119 | | - | |
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| 1120 | | - | |
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| 1121 | | - | |
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| 1122 | | - | SEC. 29. Section 11894 of the Government Code is amended to read:11894. (a)The Director of FISCal shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation.(b)The director shall have appointment power for both the office and the department and shall oversee the day-to-day functions of both the office and the department. The director shall identify and transfer staff from the office to the department to further performance of the duties specified in Section 11892, in accordance with Section 19050.9. |
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| 1123 | | - | |
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| 1124 | | - | SEC. 29. Section 11894 of the Government Code is amended to read: |
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| 1125 | | - | |
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| 1126 | | - | ### SEC. 29. |
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| 1127 | | - | |
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| 1128 | | - | 11894. (a)The Director of FISCal shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation.(b)The director shall have appointment power for both the office and the department and shall oversee the day-to-day functions of both the office and the department. The director shall identify and transfer staff from the office to the department to further performance of the duties specified in Section 11892, in accordance with Section 19050.9. |
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| 1129 | | - | |
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| 1130 | | - | 11894. (a)The Director of FISCal shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation.(b)The director shall have appointment power for both the office and the department and shall oversee the day-to-day functions of both the office and the department. The director shall identify and transfer staff from the office to the department to further performance of the duties specified in Section 11892, in accordance with Section 19050.9. |
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| 1131 | | - | |
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| 1132 | | - | 11894. (a)The Director of FISCal shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation.(b)The director shall have appointment power for both the office and the department and shall oversee the day-to-day functions of both the office and the department. The director shall identify and transfer staff from the office to the department to further performance of the duties specified in Section 11892, in accordance with Section 19050.9. |
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| 1133 | | - | |
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| 1134 | | - | |
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| 1135 | | - | |
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| 1136 | | - | 11894. (a)The Director of FISCal shall be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation. |
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| 1137 | | - | |
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| 1138 | | - | (b)The director shall have appointment power for both the office and the department and shall oversee the day-to-day functions of both the office and the department. The director shall identify and transfer staff from the office to the department to further performance of the duties specified in Section 11892, in accordance with Section 19050.9. |
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| 1139 | | - | |
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| 1140 | | - | |
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| 1141 | | - | |
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| 1142 | | - | SEC. 30. Section 12803.2 of the Government Code is amended to read:12803.2. (a) The Government Operations Agency shall consist of all of the following:(1) The Office of Administrative Law.(2) The Public Employees Retirement System.(3) The State Teachers Retirement System.(4) The State Personnel Board.(5) The California Victim Compensation Board.(6) The Department of General Services.(7) The Department of Technology.(8) The Franchise Tax Board.(9) The Department of Human Resources.(10) The California Department of Tax and Fee Administration.(11) The Office of Data and Innovation, effective July 1, 2023.(b) The Government Operations Agency shall include the Department of FISCal upon the acceptance of the Financial Information System for California (FISCal) by the state, as determined by the Director of Finance, pursuant to Section 11890.(c) The Government Operations Agency shall be governed by the Secretary of Government Operations pursuant to Section 12801. However, the Director of Human Resources shall report directly to the Governor on issues relating to labor relations.(d) The Governor, upon the recommendation of the Secretary of Government Operations, may appoint up to three deputies for the secretary. (e)This section shall become operative on July 1, 2017. |
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| 1143 | | - | |
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| 1144 | | - | SEC. 30. Section 12803.2 of the Government Code is amended to read: |
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| 1145 | | - | |
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| 1146 | | - | ### SEC. 30. |
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| 1147 | | - | |
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| 1148 | | - | 12803.2. (a) The Government Operations Agency shall consist of all of the following:(1) The Office of Administrative Law.(2) The Public Employees Retirement System.(3) The State Teachers Retirement System.(4) The State Personnel Board.(5) The California Victim Compensation Board.(6) The Department of General Services.(7) The Department of Technology.(8) The Franchise Tax Board.(9) The Department of Human Resources.(10) The California Department of Tax and Fee Administration.(11) The Office of Data and Innovation, effective July 1, 2023.(b) The Government Operations Agency shall include the Department of FISCal upon the acceptance of the Financial Information System for California (FISCal) by the state, as determined by the Director of Finance, pursuant to Section 11890.(c) The Government Operations Agency shall be governed by the Secretary of Government Operations pursuant to Section 12801. However, the Director of Human Resources shall report directly to the Governor on issues relating to labor relations.(d) The Governor, upon the recommendation of the Secretary of Government Operations, may appoint up to three deputies for the secretary. (e)This section shall become operative on July 1, 2017. |
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| 1149 | | - | |
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| 1150 | | - | 12803.2. (a) The Government Operations Agency shall consist of all of the following:(1) The Office of Administrative Law.(2) The Public Employees Retirement System.(3) The State Teachers Retirement System.(4) The State Personnel Board.(5) The California Victim Compensation Board.(6) The Department of General Services.(7) The Department of Technology.(8) The Franchise Tax Board.(9) The Department of Human Resources.(10) The California Department of Tax and Fee Administration.(11) The Office of Data and Innovation, effective July 1, 2023.(b) The Government Operations Agency shall include the Department of FISCal upon the acceptance of the Financial Information System for California (FISCal) by the state, as determined by the Director of Finance, pursuant to Section 11890.(c) The Government Operations Agency shall be governed by the Secretary of Government Operations pursuant to Section 12801. However, the Director of Human Resources shall report directly to the Governor on issues relating to labor relations.(d) The Governor, upon the recommendation of the Secretary of Government Operations, may appoint up to three deputies for the secretary. (e)This section shall become operative on July 1, 2017. |
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| 1151 | | - | |
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| 1152 | | - | 12803.2. (a) The Government Operations Agency shall consist of all of the following:(1) The Office of Administrative Law.(2) The Public Employees Retirement System.(3) The State Teachers Retirement System.(4) The State Personnel Board.(5) The California Victim Compensation Board.(6) The Department of General Services.(7) The Department of Technology.(8) The Franchise Tax Board.(9) The Department of Human Resources.(10) The California Department of Tax and Fee Administration.(11) The Office of Data and Innovation, effective July 1, 2023.(b) The Government Operations Agency shall include the Department of FISCal upon the acceptance of the Financial Information System for California (FISCal) by the state, as determined by the Director of Finance, pursuant to Section 11890.(c) The Government Operations Agency shall be governed by the Secretary of Government Operations pursuant to Section 12801. However, the Director of Human Resources shall report directly to the Governor on issues relating to labor relations.(d) The Governor, upon the recommendation of the Secretary of Government Operations, may appoint up to three deputies for the secretary. (e)This section shall become operative on July 1, 2017. |
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| 1153 | | - | |
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| 1154 | | - | |
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| 1155 | | - | |
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| 1156 | | - | 12803.2. (a) The Government Operations Agency shall consist of all of the following: |
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| 1157 | | - | |
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| 1158 | | - | (1) The Office of Administrative Law. |
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| 1159 | | - | |
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| 1160 | | - | (2) The Public Employees Retirement System. |
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| 1161 | | - | |
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| 1162 | | - | (3) The State Teachers Retirement System. |
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| 1163 | | - | |
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| 1164 | | - | (4) The State Personnel Board. |
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| 1165 | | - | |
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| 1166 | | - | (5) The California Victim Compensation Board. |
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| 1167 | | - | |
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| 1168 | | - | (6) The Department of General Services. |
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| 1169 | | - | |
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| 1170 | | - | (7) The Department of Technology. |
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| 1171 | | - | |
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| 1172 | | - | (8) The Franchise Tax Board. |
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| 1173 | | - | |
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| 1174 | | - | (9) The Department of Human Resources. |
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| 1175 | | - | |
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| 1176 | | - | (10) The California Department of Tax and Fee Administration. |
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| 1177 | | - | |
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| 1178 | | - | (11) The Office of Data and Innovation, effective July 1, 2023. |
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| 1179 | | - | |
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| 1180 | | - | (b) The Government Operations Agency shall include the Department of FISCal upon the acceptance of the Financial Information System for California (FISCal) by the state, as determined by the Director of Finance, pursuant to Section 11890. |
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| 1181 | | - | |
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| 1182 | | - | (c) The Government Operations Agency shall be governed by the Secretary of Government Operations pursuant to Section 12801. However, the Director of Human Resources shall report directly to the Governor on issues relating to labor relations. |
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| 1183 | | - | |
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| 1184 | | - | (d) The Governor, upon the recommendation of the Secretary of Government Operations, may appoint up to three deputies for the secretary. |
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| 1185 | | - | |
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| 1186 | | - | (e)This section shall become operative on July 1, 2017. |
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| 1187 | | - | |
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| 1188 | | - | |
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| 1189 | | - | |
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| 1190 | | - | SEC. 31. Section 12815 of the Government Code is amended to read:12815. (a) The Office of Digital Data and Innovation is hereby established on July 1, 2019, within the Government Operations Agency. Effective July 1, 2023, the Office of Data and Innovation shall operate as a standalone entity that reports to the Government Operations Agency consistent with other state entities listed in Section 12803.2.(b) There shall be a Director of the Office of Digital Data and Innovation.The director shall be appointed by, and serve at the pleasure of, the Governor. The appointment of the director shall be subject to confirmation by the Senate. The director shall report to the Secretary of Government Operations. The director shall be responsible for managing the affairs of the office and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this section. The Governor may appoint people to the office who are exempt from civil service. The total number of exempt positions in the office shall not exceed 20. 22.(c) There shall be a Chief Data Officer in the Office of Data and Innovation who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Director of the Office of Data and Innovation. The Chief Data Officer shall be responsible for data practices within the state with an overarching goal to improve government data use. (c)(d) For the purposes of this section:(1) Director means the Director of the Office of Digital Data and Innovation.(2) CDO means Chief Data Officer of the Office of Data and Innovation. (2)(3) Fund means the Digital Data and Innovation Services Revolving Fund.(3)(4) Office means the Office of Digital Data and Innovation.(5) Open data means a dataset that is available as a whole to all at no cost, discoverable and accessible on the internet, published to minimize the time between the creation and dissemination of the data or documents, provided under terms that permit reuse, redistribution, and mixing with other datasets, and provided in an open format that is machine-readable on data.ca.gov or its successor internet website. (4)(6) Service delivery means the provision of a service or services, product or products, by a state entity or state entities to persons, other state entities, constitutional state entities, independent state entities, local government entities, federal entities, private entities, or nonprofit entities.(5)(7) State entity means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and agencies.(d)(e) The offices mission shall be to deliver better government services to the people of California through technology and service innovation, data, and design. The office will shall fulfill this mission by:(1) Collaborating with state entities to transform government services. The office will shall focus on measurably improving services using a deliberate, user-focused approach. approach and data-informed practices.(2) Investing in state capabilities to put users first, build iteratively, and let data drive decisions.(3) Empowering the use of data by ensuring that the state has the infrastructure, processes, and people to manage, access, and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. (3)(4) Rethinking and improving how the state buys digital services. services and datasets.(4)(5) Expanding the use of common platforms, services, and tools.(e)(f) The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office.(f)(g) The director shall establish a program to improve the states service delivery and data functions, guided by service delivery and data best practices.(1) The director is hereby authorized to engage with state entities for the purpose of improving the service and data delivery functions of those state entities.(2) Engagements shall be formalized in writing and shall identify, at minimum, the roles and responsibilities of both the office and the state entity being engaged by the office.(g)(h) The director and the CDO may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual regarding:(1) Service delivery design, implementation, maintenance, and operations.(2) Service delivery assessments.(3) Service delivery improvement and problem mitigation.(4) Data governance and management, including, but not limited to, policies, standards, and procedures related to data sharing, data inventory, and open data, data standards for consistency and interoperability of data across the state, and methodological and evidence standards, including ethical data use, for performance management, analytics, and evaluation. (h)(i) The director shall train state supervisors, managers, executives, and other staff in leadership positions regarding service delivery and data best practices. The director is authorized to may require state entity staff to attend training deemed necessary by the director. The director may consult or contract with the Department of Human Resources or the Department of Technology for assistance or delivery of training as needed to fulfill the purposes of this section.(j) Datasets available as open data on data.ca.gov or its successor internet website or other state-managed open data portals are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of data made available on the data portal. No warranties may be implied or inferred with respect to the publishable data made available on the data portal. The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of publishable data made available on the data portal or by any third-party application utilizing publishable data.(k) No later than January 31, 2024, and every two years thereafter, the CDO shall create and publish a report detailing a state data strategy to empower the use of data by ensuring that the state has the infrastructure, processes, and personnel to manage access and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. The report may also include recommendations to improve data management across state departments, however, those recommendations shall not require those agencies to act. The report shall be submitted to the legislative and judicial branches. (i) (l) Any funds appropriated to the office for the purpose of funding various statewide data and innovation activities are to be administered by the director for the implementation, support, or assessment of state entities existing or proposed service delivery functions.(j)(m) While engaged with a state entity, office staff shall, in the performance of their duties related to the improvement of service delivery and data functions, have access to, and the authority to examine or reproduce, any and all records, data, information technology systems or other functionality, or any other document or component related to the service delivery function being improved by the office.(1) The office shall maintain the confidentiality of, and protect from unauthorized access or disclosure, all records, data, information technology systems or other functionality, or any other document or component received from, or otherwise accessed from, any state entity engaged with the office in accordance with state law, including, but not limited to, the Information Practices Act of 1977.(2) The director, any employee or former employee of the office, any person or business entity that is contracting with or has contracted with the office and the employees and former employees of that person or business entity shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, data, information technology systems or other functionality, or any other document or component, the disclosure of which is restricted by law from release to the public. This subdivision shall also apply to the officers and employees of, and any person or business entity that is contracting with, or has contracted with, any state or local governmental agency or publicly created entity, that has assisted the office in the course of any engagement.(3) Any officer, employee, or person who discloses the particulars of any record, data, information technology systems or other functionality, or any other document or component in violation of this section shall be subject to a civil penalty not to exceed five thousand dollars ($5,000), including the release of any information received pursuant to Section 10850 of the Welfare and Institutions Code, or that is otherwise prohibited by law to be disclosed.(4) Upon the completion of each engagement, the office shall dispose of all records, data, and other documentation received, copied, or otherwise in the possession of the office as a result of the engagement that contains personally identifiable information in accordance with state law.(k)(n) The adoption, amendment, or repeal of the policies, procedures, guidelines, or other directives consistent with this chapter are exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).(l)(o) (1) Effective July 1, 2020, the Digital Data and Innovation Services Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director to receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. office. Notwithstanding Section 13340, until July 1, 2024, moneys in the fund are continuously appropriated to the office without regard to fiscal year to pay all costs arising from this section and rendering of services to state entities, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the office, and costs associated with approved information technology projects, and to establish reserves. On and after July 1, 2024, moneys in the fund shall be available upon appropriation of the Legislature. At the discretion of the director, segregated, dedicated accounts within the fund may be established.(2) On or before February 1, 2021, and each February 1 thereafter, the director shall submit a report to the Chairperson of the Joint Legislative Budget Committee, or the chairpersons designee, that includes a summary of the activities of the office and a listing and descriptions of all expenditures made from the fund, as well as all revenues received by the fund, for the prior fiscal year. The report shall also include all of the following:(A) A list of past and current engagements organized by state entity.(B) A list of proposed and approved information technology projects that received funding from the fund.(C) Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund.(3) The fund shall consist of all of the following:(A) Moneys appropriated and made available by the Legislature for the purposes of this section.(B) Donations, endowments, or grants of funds from private or public sources for any purposes that commit to the offices mission of this section. the ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose.(C) Any other moneys that may be made available to the office from any other source, including the return from investments of moneys by the Treasurer. (m)The office may collect payments from state entities for providing services to client entities. The office may require monthly payments by client entities for the services provided. Pursuant to Section 11255, the Controller shall transfer any amounts so authorized by the office, consistent with the annual budget of each department, to the fund. The office shall notify each affected state entity upon requesting the Controller to make the transfer. (n)(p) Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381. |
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| 1191 | | - | |
|---|
| 1192 | | - | SEC. 31. Section 12815 of the Government Code is amended to read: |
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| 1193 | | - | |
|---|
| 1194 | | - | ### SEC. 31. |
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| 1195 | | - | |
|---|
| 1196 | | - | 12815. (a) The Office of Digital Data and Innovation is hereby established on July 1, 2019, within the Government Operations Agency. Effective July 1, 2023, the Office of Data and Innovation shall operate as a standalone entity that reports to the Government Operations Agency consistent with other state entities listed in Section 12803.2.(b) There shall be a Director of the Office of Digital Data and Innovation.The director shall be appointed by, and serve at the pleasure of, the Governor. The appointment of the director shall be subject to confirmation by the Senate. The director shall report to the Secretary of Government Operations. The director shall be responsible for managing the affairs of the office and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this section. The Governor may appoint people to the office who are exempt from civil service. The total number of exempt positions in the office shall not exceed 20. 22.(c) There shall be a Chief Data Officer in the Office of Data and Innovation who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Director of the Office of Data and Innovation. The Chief Data Officer shall be responsible for data practices within the state with an overarching goal to improve government data use. (c)(d) For the purposes of this section:(1) Director means the Director of the Office of Digital Data and Innovation.(2) CDO means Chief Data Officer of the Office of Data and Innovation. (2)(3) Fund means the Digital Data and Innovation Services Revolving Fund.(3)(4) Office means the Office of Digital Data and Innovation.(5) Open data means a dataset that is available as a whole to all at no cost, discoverable and accessible on the internet, published to minimize the time between the creation and dissemination of the data or documents, provided under terms that permit reuse, redistribution, and mixing with other datasets, and provided in an open format that is machine-readable on data.ca.gov or its successor internet website. (4)(6) Service delivery means the provision of a service or services, product or products, by a state entity or state entities to persons, other state entities, constitutional state entities, independent state entities, local government entities, federal entities, private entities, or nonprofit entities.(5)(7) State entity means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and agencies.(d)(e) The offices mission shall be to deliver better government services to the people of California through technology and service innovation, data, and design. The office will shall fulfill this mission by:(1) Collaborating with state entities to transform government services. The office will shall focus on measurably improving services using a deliberate, user-focused approach. approach and data-informed practices.(2) Investing in state capabilities to put users first, build iteratively, and let data drive decisions.(3) Empowering the use of data by ensuring that the state has the infrastructure, processes, and people to manage, access, and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. (3)(4) Rethinking and improving how the state buys digital services. services and datasets.(4)(5) Expanding the use of common platforms, services, and tools.(e)(f) The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office.(f)(g) The director shall establish a program to improve the states service delivery and data functions, guided by service delivery and data best practices.(1) The director is hereby authorized to engage with state entities for the purpose of improving the service and data delivery functions of those state entities.(2) Engagements shall be formalized in writing and shall identify, at minimum, the roles and responsibilities of both the office and the state entity being engaged by the office.(g)(h) The director and the CDO may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual regarding:(1) Service delivery design, implementation, maintenance, and operations.(2) Service delivery assessments.(3) Service delivery improvement and problem mitigation.(4) Data governance and management, including, but not limited to, policies, standards, and procedures related to data sharing, data inventory, and open data, data standards for consistency and interoperability of data across the state, and methodological and evidence standards, including ethical data use, for performance management, analytics, and evaluation. (h)(i) The director shall train state supervisors, managers, executives, and other staff in leadership positions regarding service delivery and data best practices. The director is authorized to may require state entity staff to attend training deemed necessary by the director. The director may consult or contract with the Department of Human Resources or the Department of Technology for assistance or delivery of training as needed to fulfill the purposes of this section.(j) Datasets available as open data on data.ca.gov or its successor internet website or other state-managed open data portals are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of data made available on the data portal. No warranties may be implied or inferred with respect to the publishable data made available on the data portal. The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of publishable data made available on the data portal or by any third-party application utilizing publishable data.(k) No later than January 31, 2024, and every two years thereafter, the CDO shall create and publish a report detailing a state data strategy to empower the use of data by ensuring that the state has the infrastructure, processes, and personnel to manage access and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. The report may also include recommendations to improve data management across state departments, however, those recommendations shall not require those agencies to act. The report shall be submitted to the legislative and judicial branches. (i) (l) Any funds appropriated to the office for the purpose of funding various statewide data and innovation activities are to be administered by the director for the implementation, support, or assessment of state entities existing or proposed service delivery functions.(j)(m) While engaged with a state entity, office staff shall, in the performance of their duties related to the improvement of service delivery and data functions, have access to, and the authority to examine or reproduce, any and all records, data, information technology systems or other functionality, or any other document or component related to the service delivery function being improved by the office.(1) The office shall maintain the confidentiality of, and protect from unauthorized access or disclosure, all records, data, information technology systems or other functionality, or any other document or component received from, or otherwise accessed from, any state entity engaged with the office in accordance with state law, including, but not limited to, the Information Practices Act of 1977.(2) The director, any employee or former employee of the office, any person or business entity that is contracting with or has contracted with the office and the employees and former employees of that person or business entity shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, data, information technology systems or other functionality, or any other document or component, the disclosure of which is restricted by law from release to the public. This subdivision shall also apply to the officers and employees of, and any person or business entity that is contracting with, or has contracted with, any state or local governmental agency or publicly created entity, that has assisted the office in the course of any engagement.(3) Any officer, employee, or person who discloses the particulars of any record, data, information technology systems or other functionality, or any other document or component in violation of this section shall be subject to a civil penalty not to exceed five thousand dollars ($5,000), including the release of any information received pursuant to Section 10850 of the Welfare and Institutions Code, or that is otherwise prohibited by law to be disclosed.(4) Upon the completion of each engagement, the office shall dispose of all records, data, and other documentation received, copied, or otherwise in the possession of the office as a result of the engagement that contains personally identifiable information in accordance with state law.(k)(n) The adoption, amendment, or repeal of the policies, procedures, guidelines, or other directives consistent with this chapter are exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).(l)(o) (1) Effective July 1, 2020, the Digital Data and Innovation Services Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director to receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. office. Notwithstanding Section 13340, until July 1, 2024, moneys in the fund are continuously appropriated to the office without regard to fiscal year to pay all costs arising from this section and rendering of services to state entities, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the office, and costs associated with approved information technology projects, and to establish reserves. On and after July 1, 2024, moneys in the fund shall be available upon appropriation of the Legislature. At the discretion of the director, segregated, dedicated accounts within the fund may be established.(2) On or before February 1, 2021, and each February 1 thereafter, the director shall submit a report to the Chairperson of the Joint Legislative Budget Committee, or the chairpersons designee, that includes a summary of the activities of the office and a listing and descriptions of all expenditures made from the fund, as well as all revenues received by the fund, for the prior fiscal year. The report shall also include all of the following:(A) A list of past and current engagements organized by state entity.(B) A list of proposed and approved information technology projects that received funding from the fund.(C) Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund.(3) The fund shall consist of all of the following:(A) Moneys appropriated and made available by the Legislature for the purposes of this section.(B) Donations, endowments, or grants of funds from private or public sources for any purposes that commit to the offices mission of this section. the ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose.(C) Any other moneys that may be made available to the office from any other source, including the return from investments of moneys by the Treasurer. (m)The office may collect payments from state entities for providing services to client entities. The office may require monthly payments by client entities for the services provided. Pursuant to Section 11255, the Controller shall transfer any amounts so authorized by the office, consistent with the annual budget of each department, to the fund. The office shall notify each affected state entity upon requesting the Controller to make the transfer. (n)(p) Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381. |
|---|
| 1197 | | - | |
|---|
| 1198 | | - | 12815. (a) The Office of Digital Data and Innovation is hereby established on July 1, 2019, within the Government Operations Agency. Effective July 1, 2023, the Office of Data and Innovation shall operate as a standalone entity that reports to the Government Operations Agency consistent with other state entities listed in Section 12803.2.(b) There shall be a Director of the Office of Digital Data and Innovation.The director shall be appointed by, and serve at the pleasure of, the Governor. The appointment of the director shall be subject to confirmation by the Senate. The director shall report to the Secretary of Government Operations. The director shall be responsible for managing the affairs of the office and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this section. The Governor may appoint people to the office who are exempt from civil service. The total number of exempt positions in the office shall not exceed 20. 22.(c) There shall be a Chief Data Officer in the Office of Data and Innovation who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Director of the Office of Data and Innovation. The Chief Data Officer shall be responsible for data practices within the state with an overarching goal to improve government data use. (c)(d) For the purposes of this section:(1) Director means the Director of the Office of Digital Data and Innovation.(2) CDO means Chief Data Officer of the Office of Data and Innovation. (2)(3) Fund means the Digital Data and Innovation Services Revolving Fund.(3)(4) Office means the Office of Digital Data and Innovation.(5) Open data means a dataset that is available as a whole to all at no cost, discoverable and accessible on the internet, published to minimize the time between the creation and dissemination of the data or documents, provided under terms that permit reuse, redistribution, and mixing with other datasets, and provided in an open format that is machine-readable on data.ca.gov or its successor internet website. (4)(6) Service delivery means the provision of a service or services, product or products, by a state entity or state entities to persons, other state entities, constitutional state entities, independent state entities, local government entities, federal entities, private entities, or nonprofit entities.(5)(7) State entity means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and agencies.(d)(e) The offices mission shall be to deliver better government services to the people of California through technology and service innovation, data, and design. The office will shall fulfill this mission by:(1) Collaborating with state entities to transform government services. The office will shall focus on measurably improving services using a deliberate, user-focused approach. approach and data-informed practices.(2) Investing in state capabilities to put users first, build iteratively, and let data drive decisions.(3) Empowering the use of data by ensuring that the state has the infrastructure, processes, and people to manage, access, and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. (3)(4) Rethinking and improving how the state buys digital services. services and datasets.(4)(5) Expanding the use of common platforms, services, and tools.(e)(f) The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office.(f)(g) The director shall establish a program to improve the states service delivery and data functions, guided by service delivery and data best practices.(1) The director is hereby authorized to engage with state entities for the purpose of improving the service and data delivery functions of those state entities.(2) Engagements shall be formalized in writing and shall identify, at minimum, the roles and responsibilities of both the office and the state entity being engaged by the office.(g)(h) The director and the CDO may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual regarding:(1) Service delivery design, implementation, maintenance, and operations.(2) Service delivery assessments.(3) Service delivery improvement and problem mitigation.(4) Data governance and management, including, but not limited to, policies, standards, and procedures related to data sharing, data inventory, and open data, data standards for consistency and interoperability of data across the state, and methodological and evidence standards, including ethical data use, for performance management, analytics, and evaluation. (h)(i) The director shall train state supervisors, managers, executives, and other staff in leadership positions regarding service delivery and data best practices. The director is authorized to may require state entity staff to attend training deemed necessary by the director. The director may consult or contract with the Department of Human Resources or the Department of Technology for assistance or delivery of training as needed to fulfill the purposes of this section.(j) Datasets available as open data on data.ca.gov or its successor internet website or other state-managed open data portals are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of data made available on the data portal. No warranties may be implied or inferred with respect to the publishable data made available on the data portal. The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of publishable data made available on the data portal or by any third-party application utilizing publishable data.(k) No later than January 31, 2024, and every two years thereafter, the CDO shall create and publish a report detailing a state data strategy to empower the use of data by ensuring that the state has the infrastructure, processes, and personnel to manage access and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. The report may also include recommendations to improve data management across state departments, however, those recommendations shall not require those agencies to act. The report shall be submitted to the legislative and judicial branches. (i) (l) Any funds appropriated to the office for the purpose of funding various statewide data and innovation activities are to be administered by the director for the implementation, support, or assessment of state entities existing or proposed service delivery functions.(j)(m) While engaged with a state entity, office staff shall, in the performance of their duties related to the improvement of service delivery and data functions, have access to, and the authority to examine or reproduce, any and all records, data, information technology systems or other functionality, or any other document or component related to the service delivery function being improved by the office.(1) The office shall maintain the confidentiality of, and protect from unauthorized access or disclosure, all records, data, information technology systems or other functionality, or any other document or component received from, or otherwise accessed from, any state entity engaged with the office in accordance with state law, including, but not limited to, the Information Practices Act of 1977.(2) The director, any employee or former employee of the office, any person or business entity that is contracting with or has contracted with the office and the employees and former employees of that person or business entity shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, data, information technology systems or other functionality, or any other document or component, the disclosure of which is restricted by law from release to the public. This subdivision shall also apply to the officers and employees of, and any person or business entity that is contracting with, or has contracted with, any state or local governmental agency or publicly created entity, that has assisted the office in the course of any engagement.(3) Any officer, employee, or person who discloses the particulars of any record, data, information technology systems or other functionality, or any other document or component in violation of this section shall be subject to a civil penalty not to exceed five thousand dollars ($5,000), including the release of any information received pursuant to Section 10850 of the Welfare and Institutions Code, or that is otherwise prohibited by law to be disclosed.(4) Upon the completion of each engagement, the office shall dispose of all records, data, and other documentation received, copied, or otherwise in the possession of the office as a result of the engagement that contains personally identifiable information in accordance with state law.(k)(n) The adoption, amendment, or repeal of the policies, procedures, guidelines, or other directives consistent with this chapter are exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).(l)(o) (1) Effective July 1, 2020, the Digital Data and Innovation Services Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director to receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. office. Notwithstanding Section 13340, until July 1, 2024, moneys in the fund are continuously appropriated to the office without regard to fiscal year to pay all costs arising from this section and rendering of services to state entities, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the office, and costs associated with approved information technology projects, and to establish reserves. On and after July 1, 2024, moneys in the fund shall be available upon appropriation of the Legislature. At the discretion of the director, segregated, dedicated accounts within the fund may be established.(2) On or before February 1, 2021, and each February 1 thereafter, the director shall submit a report to the Chairperson of the Joint Legislative Budget Committee, or the chairpersons designee, that includes a summary of the activities of the office and a listing and descriptions of all expenditures made from the fund, as well as all revenues received by the fund, for the prior fiscal year. The report shall also include all of the following:(A) A list of past and current engagements organized by state entity.(B) A list of proposed and approved information technology projects that received funding from the fund.(C) Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund.(3) The fund shall consist of all of the following:(A) Moneys appropriated and made available by the Legislature for the purposes of this section.(B) Donations, endowments, or grants of funds from private or public sources for any purposes that commit to the offices mission of this section. the ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose.(C) Any other moneys that may be made available to the office from any other source, including the return from investments of moneys by the Treasurer. (m)The office may collect payments from state entities for providing services to client entities. The office may require monthly payments by client entities for the services provided. Pursuant to Section 11255, the Controller shall transfer any amounts so authorized by the office, consistent with the annual budget of each department, to the fund. The office shall notify each affected state entity upon requesting the Controller to make the transfer. (n)(p) Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381. |
|---|
| 1199 | | - | |
|---|
| 1200 | | - | 12815. (a) The Office of Digital Data and Innovation is hereby established on July 1, 2019, within the Government Operations Agency. Effective July 1, 2023, the Office of Data and Innovation shall operate as a standalone entity that reports to the Government Operations Agency consistent with other state entities listed in Section 12803.2.(b) There shall be a Director of the Office of Digital Data and Innovation.The director shall be appointed by, and serve at the pleasure of, the Governor. The appointment of the director shall be subject to confirmation by the Senate. The director shall report to the Secretary of Government Operations. The director shall be responsible for managing the affairs of the office and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this section. The Governor may appoint people to the office who are exempt from civil service. The total number of exempt positions in the office shall not exceed 20. 22.(c) There shall be a Chief Data Officer in the Office of Data and Innovation who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Director of the Office of Data and Innovation. The Chief Data Officer shall be responsible for data practices within the state with an overarching goal to improve government data use. (c)(d) For the purposes of this section:(1) Director means the Director of the Office of Digital Data and Innovation.(2) CDO means Chief Data Officer of the Office of Data and Innovation. (2)(3) Fund means the Digital Data and Innovation Services Revolving Fund.(3)(4) Office means the Office of Digital Data and Innovation.(5) Open data means a dataset that is available as a whole to all at no cost, discoverable and accessible on the internet, published to minimize the time between the creation and dissemination of the data or documents, provided under terms that permit reuse, redistribution, and mixing with other datasets, and provided in an open format that is machine-readable on data.ca.gov or its successor internet website. (4)(6) Service delivery means the provision of a service or services, product or products, by a state entity or state entities to persons, other state entities, constitutional state entities, independent state entities, local government entities, federal entities, private entities, or nonprofit entities.(5)(7) State entity means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and agencies.(d)(e) The offices mission shall be to deliver better government services to the people of California through technology and service innovation, data, and design. The office will shall fulfill this mission by:(1) Collaborating with state entities to transform government services. The office will shall focus on measurably improving services using a deliberate, user-focused approach. approach and data-informed practices.(2) Investing in state capabilities to put users first, build iteratively, and let data drive decisions.(3) Empowering the use of data by ensuring that the state has the infrastructure, processes, and people to manage, access, and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. (3)(4) Rethinking and improving how the state buys digital services. services and datasets.(4)(5) Expanding the use of common platforms, services, and tools.(e)(f) The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office.(f)(g) The director shall establish a program to improve the states service delivery and data functions, guided by service delivery and data best practices.(1) The director is hereby authorized to engage with state entities for the purpose of improving the service and data delivery functions of those state entities.(2) Engagements shall be formalized in writing and shall identify, at minimum, the roles and responsibilities of both the office and the state entity being engaged by the office.(g)(h) The director and the CDO may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual regarding:(1) Service delivery design, implementation, maintenance, and operations.(2) Service delivery assessments.(3) Service delivery improvement and problem mitigation.(4) Data governance and management, including, but not limited to, policies, standards, and procedures related to data sharing, data inventory, and open data, data standards for consistency and interoperability of data across the state, and methodological and evidence standards, including ethical data use, for performance management, analytics, and evaluation. (h)(i) The director shall train state supervisors, managers, executives, and other staff in leadership positions regarding service delivery and data best practices. The director is authorized to may require state entity staff to attend training deemed necessary by the director. The director may consult or contract with the Department of Human Resources or the Department of Technology for assistance or delivery of training as needed to fulfill the purposes of this section.(j) Datasets available as open data on data.ca.gov or its successor internet website or other state-managed open data portals are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of data made available on the data portal. No warranties may be implied or inferred with respect to the publishable data made available on the data portal. The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of publishable data made available on the data portal or by any third-party application utilizing publishable data.(k) No later than January 31, 2024, and every two years thereafter, the CDO shall create and publish a report detailing a state data strategy to empower the use of data by ensuring that the state has the infrastructure, processes, and personnel to manage access and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. The report may also include recommendations to improve data management across state departments, however, those recommendations shall not require those agencies to act. The report shall be submitted to the legislative and judicial branches. (i) (l) Any funds appropriated to the office for the purpose of funding various statewide data and innovation activities are to be administered by the director for the implementation, support, or assessment of state entities existing or proposed service delivery functions.(j)(m) While engaged with a state entity, office staff shall, in the performance of their duties related to the improvement of service delivery and data functions, have access to, and the authority to examine or reproduce, any and all records, data, information technology systems or other functionality, or any other document or component related to the service delivery function being improved by the office.(1) The office shall maintain the confidentiality of, and protect from unauthorized access or disclosure, all records, data, information technology systems or other functionality, or any other document or component received from, or otherwise accessed from, any state entity engaged with the office in accordance with state law, including, but not limited to, the Information Practices Act of 1977.(2) The director, any employee or former employee of the office, any person or business entity that is contracting with or has contracted with the office and the employees and former employees of that person or business entity shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, data, information technology systems or other functionality, or any other document or component, the disclosure of which is restricted by law from release to the public. This subdivision shall also apply to the officers and employees of, and any person or business entity that is contracting with, or has contracted with, any state or local governmental agency or publicly created entity, that has assisted the office in the course of any engagement.(3) Any officer, employee, or person who discloses the particulars of any record, data, information technology systems or other functionality, or any other document or component in violation of this section shall be subject to a civil penalty not to exceed five thousand dollars ($5,000), including the release of any information received pursuant to Section 10850 of the Welfare and Institutions Code, or that is otherwise prohibited by law to be disclosed.(4) Upon the completion of each engagement, the office shall dispose of all records, data, and other documentation received, copied, or otherwise in the possession of the office as a result of the engagement that contains personally identifiable information in accordance with state law.(k)(n) The adoption, amendment, or repeal of the policies, procedures, guidelines, or other directives consistent with this chapter are exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).(l)(o) (1) Effective July 1, 2020, the Digital Data and Innovation Services Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director to receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. office. Notwithstanding Section 13340, until July 1, 2024, moneys in the fund are continuously appropriated to the office without regard to fiscal year to pay all costs arising from this section and rendering of services to state entities, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the office, and costs associated with approved information technology projects, and to establish reserves. On and after July 1, 2024, moneys in the fund shall be available upon appropriation of the Legislature. At the discretion of the director, segregated, dedicated accounts within the fund may be established.(2) On or before February 1, 2021, and each February 1 thereafter, the director shall submit a report to the Chairperson of the Joint Legislative Budget Committee, or the chairpersons designee, that includes a summary of the activities of the office and a listing and descriptions of all expenditures made from the fund, as well as all revenues received by the fund, for the prior fiscal year. The report shall also include all of the following:(A) A list of past and current engagements organized by state entity.(B) A list of proposed and approved information technology projects that received funding from the fund.(C) Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund.(3) The fund shall consist of all of the following:(A) Moneys appropriated and made available by the Legislature for the purposes of this section.(B) Donations, endowments, or grants of funds from private or public sources for any purposes that commit to the offices mission of this section. the ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose.(C) Any other moneys that may be made available to the office from any other source, including the return from investments of moneys by the Treasurer. (m)The office may collect payments from state entities for providing services to client entities. The office may require monthly payments by client entities for the services provided. Pursuant to Section 11255, the Controller shall transfer any amounts so authorized by the office, consistent with the annual budget of each department, to the fund. The office shall notify each affected state entity upon requesting the Controller to make the transfer. (n)(p) Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381. |
|---|
| 1201 | | - | |
|---|
| 1202 | | - | |
|---|
| 1203 | | - | |
|---|
| 1204 | | - | 12815. (a) The Office of Digital Data and Innovation is hereby established on July 1, 2019, within the Government Operations Agency. Effective July 1, 2023, the Office of Data and Innovation shall operate as a standalone entity that reports to the Government Operations Agency consistent with other state entities listed in Section 12803.2. |
|---|
| 1205 | | - | |
|---|
| 1206 | | - | (b) There shall be a Director of the Office of Digital Data and Innovation. |
|---|
| 1207 | | - | |
|---|
| 1208 | | - | The director shall be appointed by, and serve at the pleasure of, the Governor. The appointment of the director shall be subject to confirmation by the Senate. The director shall report to the Secretary of Government Operations. The director shall be responsible for managing the affairs of the office and shall perform all duties, exercise all powers and jurisdiction, and assume and discharge all responsibilities necessary to carry out the purposes of this section. The Governor may appoint people to the office who are exempt from civil service. The total number of exempt positions in the office shall not exceed 20. 22. |
|---|
| 1209 | | - | |
|---|
| 1210 | | - | (c) There shall be a Chief Data Officer in the Office of Data and Innovation who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Director of the Office of Data and Innovation. The Chief Data Officer shall be responsible for data practices within the state with an overarching goal to improve government data use. |
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| 1211 | | - | |
|---|
| 1212 | | - | (c) |
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| 1213 | | - | |
|---|
| 1214 | | - | |
|---|
| 1215 | | - | |
|---|
| 1216 | | - | (d) For the purposes of this section: |
|---|
| 1217 | | - | |
|---|
| 1218 | | - | (1) Director means the Director of the Office of Digital Data and Innovation. |
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| 1219 | | - | |
|---|
| 1220 | | - | (2) CDO means Chief Data Officer of the Office of Data and Innovation. |
|---|
| 1221 | | - | |
|---|
| 1222 | | - | (2) |
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| 1223 | | - | |
|---|
| 1224 | | - | |
|---|
| 1225 | | - | |
|---|
| 1226 | | - | (3) Fund means the Digital Data and Innovation Services Revolving Fund. |
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| 1227 | | - | |
|---|
| 1228 | | - | (3) |
|---|
| 1229 | | - | |
|---|
| 1230 | | - | |
|---|
| 1231 | | - | |
|---|
| 1232 | | - | (4) Office means the Office of Digital Data and Innovation. |
|---|
| 1233 | | - | |
|---|
| 1234 | | - | (5) Open data means a dataset that is available as a whole to all at no cost, discoverable and accessible on the internet, published to minimize the time between the creation and dissemination of the data or documents, provided under terms that permit reuse, redistribution, and mixing with other datasets, and provided in an open format that is machine-readable on data.ca.gov or its successor internet website. |
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| 1235 | | - | |
|---|
| 1236 | | - | (4) |
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| 1237 | | - | |
|---|
| 1238 | | - | |
|---|
| 1239 | | - | |
|---|
| 1240 | | - | (6) Service delivery means the provision of a service or services, product or products, by a state entity or state entities to persons, other state entities, constitutional state entities, independent state entities, local government entities, federal entities, private entities, or nonprofit entities. |
|---|
| 1241 | | - | |
|---|
| 1242 | | - | (5) |
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| 1243 | | - | |
|---|
| 1244 | | - | |
|---|
| 1245 | | - | |
|---|
| 1246 | | - | (7) State entity means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and agencies. |
|---|
| 1247 | | - | |
|---|
| 1248 | | - | (d) |
|---|
| 1249 | | - | |
|---|
| 1250 | | - | |
|---|
| 1251 | | - | |
|---|
| 1252 | | - | (e) The offices mission shall be to deliver better government services to the people of California through technology and service innovation, data, and design. The office will shall fulfill this mission by: |
|---|
| 1253 | | - | |
|---|
| 1254 | | - | (1) Collaborating with state entities to transform government services. The office will shall focus on measurably improving services using a deliberate, user-focused approach. approach and data-informed practices. |
|---|
| 1255 | | - | |
|---|
| 1256 | | - | (2) Investing in state capabilities to put users first, build iteratively, and let data drive decisions. |
|---|
| 1257 | | - | |
|---|
| 1258 | | - | (3) Empowering the use of data by ensuring that the state has the infrastructure, processes, and people to manage, access, and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. |
|---|
| 1259 | | - | |
|---|
| 1260 | | - | (3) |
|---|
| 1261 | | - | |
|---|
| 1262 | | - | |
|---|
| 1263 | | - | |
|---|
| 1264 | | - | (4) Rethinking and improving how the state buys digital services. services and datasets. |
|---|
| 1265 | | - | |
|---|
| 1266 | | - | (4) |
|---|
| 1267 | | - | |
|---|
| 1268 | | - | |
|---|
| 1269 | | - | |
|---|
| 1270 | | - | (5) Expanding the use of common platforms, services, and tools. |
|---|
| 1271 | | - | |
|---|
| 1272 | | - | (e) |
|---|
| 1273 | | - | |
|---|
| 1274 | | - | |
|---|
| 1275 | | - | |
|---|
| 1276 | | - | (f) The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office. |
|---|
| 1277 | | - | |
|---|
| 1278 | | - | (f) |
|---|
| 1279 | | - | |
|---|
| 1280 | | - | |
|---|
| 1281 | | - | |
|---|
| 1282 | | - | (g) The director shall establish a program to improve the states service delivery and data functions, guided by service delivery and data best practices. |
|---|
| 1283 | | - | |
|---|
| 1284 | | - | (1) The director is hereby authorized to engage with state entities for the purpose of improving the service and data delivery functions of those state entities. |
|---|
| 1285 | | - | |
|---|
| 1286 | | - | (2) Engagements shall be formalized in writing and shall identify, at minimum, the roles and responsibilities of both the office and the state entity being engaged by the office. |
|---|
| 1287 | | - | |
|---|
| 1288 | | - | (g) |
|---|
| 1289 | | - | |
|---|
| 1290 | | - | |
|---|
| 1291 | | - | |
|---|
| 1292 | | - | (h) The director and the CDO may create, update, or publish, in consultation with the appropriate control agency, policies, standards, and procedures for state entities in the State Administrative Manual or Statewide Information Management Manual regarding: |
|---|
| 1293 | | - | |
|---|
| 1294 | | - | (1) Service delivery design, implementation, maintenance, and operations. |
|---|
| 1295 | | - | |
|---|
| 1296 | | - | (2) Service delivery assessments. |
|---|
| 1297 | | - | |
|---|
| 1298 | | - | (3) Service delivery improvement and problem mitigation. |
|---|
| 1299 | | - | |
|---|
| 1300 | | - | (4) Data governance and management, including, but not limited to, policies, standards, and procedures related to data sharing, data inventory, and open data, data standards for consistency and interoperability of data across the state, and methodological and evidence standards, including ethical data use, for performance management, analytics, and evaluation. |
|---|
| 1301 | | - | |
|---|
| 1302 | | - | (h) |
|---|
| 1303 | | - | |
|---|
| 1304 | | - | |
|---|
| 1305 | | - | |
|---|
| 1306 | | - | (i) The director shall train state supervisors, managers, executives, and other staff in leadership positions regarding service delivery and data best practices. The director is authorized to may require state entity staff to attend training deemed necessary by the director. The director may consult or contract with the Department of Human Resources or the Department of Technology for assistance or delivery of training as needed to fulfill the purposes of this section. |
|---|
| 1307 | | - | |
|---|
| 1308 | | - | (j) Datasets available as open data on data.ca.gov or its successor internet website or other state-managed open data portals are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of data made available on the data portal. No warranties may be implied or inferred with respect to the publishable data made available on the data portal. The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of publishable data made available on the data portal or by any third-party application utilizing publishable data. |
|---|
| 1309 | | - | |
|---|
| 1310 | | - | (k) No later than January 31, 2024, and every two years thereafter, the CDO shall create and publish a report detailing a state data strategy to empower the use of data by ensuring that the state has the infrastructure, processes, and personnel to manage access and use data ethically, efficiently, effectively, securely, responsibly, and in a manner that respects privacy. The report may also include recommendations to improve data management across state departments, however, those recommendations shall not require those agencies to act. The report shall be submitted to the legislative and judicial branches. |
|---|
| 1311 | | - | |
|---|
| 1312 | | - | (i) |
|---|
| 1313 | | - | |
|---|
| 1314 | | - | |
|---|
| 1315 | | - | |
|---|
| 1316 | | - | (l) Any funds appropriated to the office for the purpose of funding various statewide data and innovation activities are to be administered by the director for the implementation, support, or assessment of state entities existing or proposed service delivery functions. |
|---|
| 1317 | | - | |
|---|
| 1318 | | - | (j) |
|---|
| 1319 | | - | |
|---|
| 1320 | | - | |
|---|
| 1321 | | - | |
|---|
| 1322 | | - | (m) While engaged with a state entity, office staff shall, in the performance of their duties related to the improvement of service delivery and data functions, have access to, and the authority to examine or reproduce, any and all records, data, information technology systems or other functionality, or any other document or component related to the service delivery function being improved by the office. |
|---|
| 1323 | | - | |
|---|
| 1324 | | - | (1) The office shall maintain the confidentiality of, and protect from unauthorized access or disclosure, all records, data, information technology systems or other functionality, or any other document or component received from, or otherwise accessed from, any state entity engaged with the office in accordance with state law, including, but not limited to, the Information Practices Act of 1977. |
|---|
| 1325 | | - | |
|---|
| 1326 | | - | (2) The director, any employee or former employee of the office, any person or business entity that is contracting with or has contracted with the office and the employees and former employees of that person or business entity shall not divulge or make known to any person not employed by the office in any manner not expressly permitted by law any particulars of any record, data, information technology systems or other functionality, or any other document or component, the disclosure of which is restricted by law from release to the public. This subdivision shall also apply to the officers and employees of, and any person or business entity that is contracting with, or has contracted with, any state or local governmental agency or publicly created entity, that has assisted the office in the course of any engagement. |
|---|
| 1327 | | - | |
|---|
| 1328 | | - | (3) Any officer, employee, or person who discloses the particulars of any record, data, information technology systems or other functionality, or any other document or component in violation of this section shall be subject to a civil penalty not to exceed five thousand dollars ($5,000), including the release of any information received pursuant to Section 10850 of the Welfare and Institutions Code, or that is otherwise prohibited by law to be disclosed. |
|---|
| 1329 | | - | |
|---|
| 1330 | | - | (4) Upon the completion of each engagement, the office shall dispose of all records, data, and other documentation received, copied, or otherwise in the possession of the office as a result of the engagement that contains personally identifiable information in accordance with state law. |
|---|
| 1331 | | - | |
|---|
| 1332 | | - | (k) |
|---|
| 1333 | | - | |
|---|
| 1334 | | - | |
|---|
| 1335 | | - | |
|---|
| 1336 | | - | (n) The adoption, amendment, or repeal of the policies, procedures, guidelines, or other directives consistent with this chapter are exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1). |
|---|
| 1337 | | - | |
|---|
| 1338 | | - | (l) |
|---|
| 1339 | | - | |
|---|
| 1340 | | - | |
|---|
| 1341 | | - | |
|---|
| 1342 | | - | (o) (1) Effective July 1, 2020, the Digital Data and Innovation Services Revolving Fund is hereby created within the State Treasury. The fund shall be administered by the director to receive all revenues from the sale of services rendered by the office and all other moneys properly credited to the office from any other source. office. Notwithstanding Section 13340, until July 1, 2024, moneys in the fund are continuously appropriated to the office without regard to fiscal year to pay all costs arising from this section and rendering of services to state entities, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the office, and costs associated with approved information technology projects, and to establish reserves. On and after July 1, 2024, moneys in the fund shall be available upon appropriation of the Legislature. At the discretion of the director, segregated, dedicated accounts within the fund may be established. |
|---|
| 1343 | | - | |
|---|
| 1344 | | - | (2) On or before February 1, 2021, and each February 1 thereafter, the director shall submit a report to the Chairperson of the Joint Legislative Budget Committee, or the chairpersons designee, that includes a summary of the activities of the office and a listing and descriptions of all expenditures made from the fund, as well as all revenues received by the fund, for the prior fiscal year. The report shall also include all of the following: |
|---|
| 1345 | | - | |
|---|
| 1346 | | - | (A) A list of past and current engagements organized by state entity. |
|---|
| 1347 | | - | |
|---|
| 1348 | | - | (B) A list of proposed and approved information technology projects that received funding from the fund. |
|---|
| 1349 | | - | |
|---|
| 1350 | | - | (C) Measurable outcomes from changes in business processes, program design, and service delivery associated with engagements receiving funding from the fund. |
|---|
| 1351 | | - | |
|---|
| 1352 | | - | (3) The fund shall consist of all of the following: |
|---|
| 1353 | | - | |
|---|
| 1354 | | - | (A) Moneys appropriated and made available by the Legislature for the purposes of this section. |
|---|
| 1355 | | - | |
|---|
| 1356 | | - | (B) Donations, endowments, or grants of funds from private or public sources for any purposes that commit to the offices mission of this section. the ethical, efficient, effective, secure, and responsible use of data in a manner that respects privacy. The office and the Controller may establish separate accounts in the fund for the purpose of separating deposits according to their origin or intended purpose. |
|---|
| 1357 | | - | |
|---|
| 1358 | | - | (C) Any other moneys that may be made available to the office from any other source, including the return from investments of moneys by the Treasurer. |
|---|
| 1359 | | - | |
|---|
| 1360 | | - | (m)The office may collect payments from state entities for providing services to client entities. The office may require monthly payments by client entities for the services provided. Pursuant to Section 11255, the Controller shall transfer any amounts so authorized by the office, consistent with the annual budget of each department, to the fund. The office shall notify each affected state entity upon requesting the Controller to make the transfer. |
|---|
| 1361 | | - | |
|---|
| 1362 | | - | |
|---|
| 1363 | | - | |
|---|
| 1364 | | - | (n) |
|---|
| 1365 | | - | |
|---|
| 1366 | | - | |
|---|
| 1367 | | - | |
|---|
| 1368 | | - | (p) Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381. |
|---|
| 1369 | | - | |
|---|
| 1370 | | - | SEC. 32. Section 13300.5 of the Government Code is repealed.13300.5.(a)The Legislature finds and declares that the system to modernize the states internal financial systems is a critical project that must be subject to the highest level of oversight. According to the Department of Technology, the size and scope of this modernization and automation effort make this project one of the highest risk projects undertaken by the state. Therefore, the Legislature must take steps to ensure it is fully informed as the project is implemented. It is the intent of the Legislature to adopt additional reporting requirements for the department to adequately manage risk and ensure the successful implementation of this effort.(b)The department shall report to the Legislature, on or before October 31 of each year beginning in 2020, on all of the following:(1)An executive summary and overview of the systems status.(2)An overview of the systems history.(3)Significant events of the system within the current reporting period and a projection of events during the next reporting period.(4)A discussion of mitigation actions being taken by the department for any missed major milestones.(5)A comparison of actual to budgeted expenditures, and an explanation of variances and any planned corrective actions, including a summary of the system and staffing levels and an estimate of staff participation from partner agencies.(6)An articulation of expected functionality and qualitative benefits from the system that were achieved during the reporting period and that are expected to be achieved in the subsequent year.(7)An overview of change management activities and stakeholder engagement during the system implementation process, including a summary of departmental participation in the system.(8)A discussion of lessons learned and best practices that will be incorporated into future changes in management activities.(9)A description of any significant software customization, including a justification for why, if any, customization was granted.(10)Updates on the progress of meeting the systems objectives.(11)The scope of services provided by the system integrator contractor hired by the department to complete project deliverables, the cost of these services, and the number of staff used by the contractor.(12)The date on which state departments and agencies submit month-end and year-end reports to the Controller.(13)The number of trainings held at the department and a list of state departments and agencies participating in these trainings.(14)The status of the implementation activities for the remaining State Controllers Office Milestones identified in the most recently approved Special Project Report.(c)Reports shall describe deviations to the project scope, cost, or schedule from the most recently approved Special Project Report.(d)This section shall remain operative until the completion of the system, as specified in paragraph (2) of subdivision (a) of Section 11890, and thereafter shall be inoperative.(e)The definitions in Section 11852 shall apply to the applicable terms in this section. |
|---|
| 1371 | | - | |
|---|
| 1372 | | - | SEC. 32. Section 13300.5 of the Government Code is repealed. |
|---|
| 1373 | | - | |
|---|
| 1374 | | - | ### SEC. 32. |
|---|
| 1375 | | - | |
|---|
| 1376 | | - | 13300.5.(a)The Legislature finds and declares that the system to modernize the states internal financial systems is a critical project that must be subject to the highest level of oversight. According to the Department of Technology, the size and scope of this modernization and automation effort make this project one of the highest risk projects undertaken by the state. Therefore, the Legislature must take steps to ensure it is fully informed as the project is implemented. It is the intent of the Legislature to adopt additional reporting requirements for the department to adequately manage risk and ensure the successful implementation of this effort.(b)The department shall report to the Legislature, on or before October 31 of each year beginning in 2020, on all of the following:(1)An executive summary and overview of the systems status.(2)An overview of the systems history.(3)Significant events of the system within the current reporting period and a projection of events during the next reporting period.(4)A discussion of mitigation actions being taken by the department for any missed major milestones.(5)A comparison of actual to budgeted expenditures, and an explanation of variances and any planned corrective actions, including a summary of the system and staffing levels and an estimate of staff participation from partner agencies.(6)An articulation of expected functionality and qualitative benefits from the system that were achieved during the reporting period and that are expected to be achieved in the subsequent year.(7)An overview of change management activities and stakeholder engagement during the system implementation process, including a summary of departmental participation in the system.(8)A discussion of lessons learned and best practices that will be incorporated into future changes in management activities.(9)A description of any significant software customization, including a justification for why, if any, customization was granted.(10)Updates on the progress of meeting the systems objectives.(11)The scope of services provided by the system integrator contractor hired by the department to complete project deliverables, the cost of these services, and the number of staff used by the contractor.(12)The date on which state departments and agencies submit month-end and year-end reports to the Controller.(13)The number of trainings held at the department and a list of state departments and agencies participating in these trainings.(14)The status of the implementation activities for the remaining State Controllers Office Milestones identified in the most recently approved Special Project Report.(c)Reports shall describe deviations to the project scope, cost, or schedule from the most recently approved Special Project Report.(d)This section shall remain operative until the completion of the system, as specified in paragraph (2) of subdivision (a) of Section 11890, and thereafter shall be inoperative.(e)The definitions in Section 11852 shall apply to the applicable terms in this section. |
|---|
| 1377 | | - | |
|---|
| 1378 | | - | |
|---|
| 1379 | | - | |
|---|
| 1380 | | - | (a)The Legislature finds and declares that the system to modernize the states internal financial systems is a critical project that must be subject to the highest level of oversight. According to the Department of Technology, the size and scope of this modernization and automation effort make this project one of the highest risk projects undertaken by the state. Therefore, the Legislature must take steps to ensure it is fully informed as the project is implemented. It is the intent of the Legislature to adopt additional reporting requirements for the department to adequately manage risk and ensure the successful implementation of this effort. |
|---|
| 1381 | | - | |
|---|
| 1382 | | - | |
|---|
| 1383 | | - | |
|---|
| 1384 | | - | (b)The department shall report to the Legislature, on or before October 31 of each year beginning in 2020, on all of the following: |
|---|
| 1385 | | - | |
|---|
| 1386 | | - | |
|---|
| 1387 | | - | |
|---|
| 1388 | | - | (1)An executive summary and overview of the systems status. |
|---|
| 1389 | | - | |
|---|
| 1390 | | - | |
|---|
| 1391 | | - | |
|---|
| 1392 | | - | (2)An overview of the systems history. |
|---|
| 1393 | | - | |
|---|
| 1394 | | - | |
|---|
| 1395 | | - | |
|---|
| 1396 | | - | (3)Significant events of the system within the current reporting period and a projection of events during the next reporting period. |
|---|
| 1397 | | - | |
|---|
| 1398 | | - | |
|---|
| 1399 | | - | |
|---|
| 1400 | | - | (4)A discussion of mitigation actions being taken by the department for any missed major milestones. |
|---|
| 1401 | | - | |
|---|
| 1402 | | - | |
|---|
| 1403 | | - | |
|---|
| 1404 | | - | (5)A comparison of actual to budgeted expenditures, and an explanation of variances and any planned corrective actions, including a summary of the system and staffing levels and an estimate of staff participation from partner agencies. |
|---|
| 1405 | | - | |
|---|
| 1406 | | - | |
|---|
| 1407 | | - | |
|---|
| 1408 | | - | (6)An articulation of expected functionality and qualitative benefits from the system that were achieved during the reporting period and that are expected to be achieved in the subsequent year. |
|---|
| 1409 | | - | |
|---|
| 1410 | | - | |
|---|
| 1411 | | - | |
|---|
| 1412 | | - | (7)An overview of change management activities and stakeholder engagement during the system implementation process, including a summary of departmental participation in the system. |
|---|
| 1413 | | - | |
|---|
| 1414 | | - | |
|---|
| 1415 | | - | |
|---|
| 1416 | | - | (8)A discussion of lessons learned and best practices that will be incorporated into future changes in management activities. |
|---|
| 1417 | | - | |
|---|
| 1418 | | - | |
|---|
| 1419 | | - | |
|---|
| 1420 | | - | (9)A description of any significant software customization, including a justification for why, if any, customization was granted. |
|---|
| 1421 | | - | |
|---|
| 1422 | | - | |
|---|
| 1423 | | - | |
|---|
| 1424 | | - | (10)Updates on the progress of meeting the systems objectives. |
|---|
| 1425 | | - | |
|---|
| 1426 | | - | |
|---|
| 1427 | | - | |
|---|
| 1428 | | - | (11)The scope of services provided by the system integrator contractor hired by the department to complete project deliverables, the cost of these services, and the number of staff used by the contractor. |
|---|
| 1429 | | - | |
|---|
| 1430 | | - | |
|---|
| 1431 | | - | |
|---|
| 1432 | | - | (12)The date on which state departments and agencies submit month-end and year-end reports to the Controller. |
|---|
| 1433 | | - | |
|---|
| 1434 | | - | |
|---|
| 1435 | | - | |
|---|
| 1436 | | - | (13)The number of trainings held at the department and a list of state departments and agencies participating in these trainings. |
|---|
| 1437 | | - | |
|---|
| 1438 | | - | |
|---|
| 1439 | | - | |
|---|
| 1440 | | - | (14)The status of the implementation activities for the remaining State Controllers Office Milestones identified in the most recently approved Special Project Report. |
|---|
| 1441 | | - | |
|---|
| 1442 | | - | |
|---|
| 1443 | | - | |
|---|
| 1444 | | - | (c)Reports shall describe deviations to the project scope, cost, or schedule from the most recently approved Special Project Report. |
|---|
| 1445 | | - | |
|---|
| 1446 | | - | |
|---|
| 1447 | | - | |
|---|
| 1448 | | - | (d)This section shall remain operative until the completion of the system, as specified in paragraph (2) of subdivision (a) of Section 11890, and thereafter shall be inoperative. |
|---|
| 1449 | | - | |
|---|
| 1450 | | - | |
|---|
| 1451 | | - | |
|---|
| 1452 | | - | (e)The definitions in Section 11852 shall apply to the applicable terms in this section. |
|---|
| 1453 | | - | |
|---|
| 1454 | | - | |
|---|
| 1455 | | - | |
|---|
| 1456 | | - | SEC. 33. Section 15849.1 of the Government Code is amended to read:15849.1. An amount not to exceed the amount of unsold bonds which that the board has has, by resolution resolution, authorized to be sold for the purposes of carrying out this part is hereby appropriated from the General Fund to the Director of Finance, who may direct that any portion of that amount shall be deposited into a special account in the Public Building Buildings Construction Fund, to be used for the construction of public buildings to be financed pursuant to this part, as authorized by the Legislature. Any amounts made available from the General Fund under this section to the board shall be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings. buildings or any other lawfully available source of funds. These amounts shall be repaid to the General Fund with interest at the rate which that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Fund. |
|---|
| 1457 | | - | |
|---|
| 1458 | | - | SEC. 33. Section 15849.1 of the Government Code is amended to read: |
|---|
| 1459 | | - | |
|---|
| 1460 | | - | ### SEC. 33. |
|---|
| 1461 | | - | |
|---|
| 1462 | | - | 15849.1. An amount not to exceed the amount of unsold bonds which that the board has has, by resolution resolution, authorized to be sold for the purposes of carrying out this part is hereby appropriated from the General Fund to the Director of Finance, who may direct that any portion of that amount shall be deposited into a special account in the Public Building Buildings Construction Fund, to be used for the construction of public buildings to be financed pursuant to this part, as authorized by the Legislature. Any amounts made available from the General Fund under this section to the board shall be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings. buildings or any other lawfully available source of funds. These amounts shall be repaid to the General Fund with interest at the rate which that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Fund. |
|---|
| 1463 | | - | |
|---|
| 1464 | | - | 15849.1. An amount not to exceed the amount of unsold bonds which that the board has has, by resolution resolution, authorized to be sold for the purposes of carrying out this part is hereby appropriated from the General Fund to the Director of Finance, who may direct that any portion of that amount shall be deposited into a special account in the Public Building Buildings Construction Fund, to be used for the construction of public buildings to be financed pursuant to this part, as authorized by the Legislature. Any amounts made available from the General Fund under this section to the board shall be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings. buildings or any other lawfully available source of funds. These amounts shall be repaid to the General Fund with interest at the rate which that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Fund. |
|---|
| 1465 | | - | |
|---|
| 1466 | | - | 15849.1. An amount not to exceed the amount of unsold bonds which that the board has has, by resolution resolution, authorized to be sold for the purposes of carrying out this part is hereby appropriated from the General Fund to the Director of Finance, who may direct that any portion of that amount shall be deposited into a special account in the Public Building Buildings Construction Fund, to be used for the construction of public buildings to be financed pursuant to this part, as authorized by the Legislature. Any amounts made available from the General Fund under this section to the board shall be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings. buildings or any other lawfully available source of funds. These amounts shall be repaid to the General Fund with interest at the rate which that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Fund. |
|---|
| 1467 | | - | |
|---|
| 1468 | | - | |
|---|
| 1469 | | - | |
|---|
| 1470 | | - | 15849.1. An amount not to exceed the amount of unsold bonds which that the board has has, by resolution resolution, authorized to be sold for the purposes of carrying out this part is hereby appropriated from the General Fund to the Director of Finance, who may direct that any portion of that amount shall be deposited into a special account in the Public Building Buildings Construction Fund, to be used for the construction of public buildings to be financed pursuant to this part, as authorized by the Legislature. Any amounts made available from the General Fund under this section to the board shall be repaid by the board to the General Fund from the proceeds received from the sale of bonds sold for the purpose of financing the public buildings. buildings or any other lawfully available source of funds. These amounts shall be repaid to the General Fund with interest at the rate which that the Treasurer certifies would have been earned on those amounts if invested in the Surplus Money Investment Fund. |
|---|
| 1471 | | - | |
|---|
| 1472 | | - | SEC. 34. Section 16344 of the Government Code is amended to read:16344. The Budget Act for each fiscal year commencing with the 201112 fiscal year consists of the following statutes:(a) Budget Act of 2011(1) Chapter 33 of the Statutes of 2011 (Senate Bill No. 87)(2) Chapter 41 of the Statutes of 2011 (Assembly Bill No. 121)(3) Chapter 16 of the Statutes of 2011, First Extraordinary Session (Assembly Bill No. 30)(4) Chapter 10 of the Statutes of 2012 (Senate Bill No. 83)(5) Chapter 27 of the Statutes of 2012 (Assembly Bill No. 1485)(b) Budget Act of 2012(1) Chapter 21 of the Statutes of 2012 (Assembly Bill No. 1464)(2) Chapter 29 of the Statutes of 2012 (Assembly Bill No. 1497)(3) Chapter 31 of the Statutes of 2012 (Assembly Bill No. 1502)(4) Chapter 152 of the Statutes of 2012 (Senate Bill No. 1029)(5) Chapter 630 of the Statutes of 2012 (Assembly Bill No. 1477)(6) Chapter 3 of the Statutes of 2013 (Assembly Bill No. 113)(7) Chapter 5 of the Statutes of 2013 (Senate Bill No. 68)(8) Chapter 36 of the Statutes of 2013 (Senate Bill No. 89)(c) Budget Act of 2013(1) Chapter 20 of the Statutes of 2013 (Assembly Bill No. 110)(2) Chapter 354 of the Statutes of 2013 (Assembly Bill No. 101)(3) Chapter 2 of the Statutes of 2014 (Senate Bill No. 103)(4) Chapter 38 of the Statutes of 2014 (Senate Bill No. 865)(d) Budget Act of 2014(1) Chapter 25 of the Statutes of 2014 (Senate Bill No. 852)(2) Chapter 663 of the Statutes of 2014 (Assembly Bill No. 1476)(3) Chapter 1 of the Statutes of 2015 (Assembly Bill No. 91)(4) Chapter 15 of the Statutes of 2015 (Assembly Bill No. 116)(e) Budget Act of 2015(1) Chapter 10 of the Statutes of 2015 (Assembly Bill No. 93)(2) Chapter 11 of the Statutes of 2015 (Senate Bill No. 97)(3) Chapter 321 of the Statutes of 2015 (Senate Bill No. 101)(4) Chapter 2 of the Statutes of 2016 (Assembly Bill No. 133)(5) Chapter 9 of the Statutes of 2016 (Senate Bill No. 93)(6) Chapter 11 of the Statutes of 2016 (Assembly Bill No. 120)(7) Chapter 28 of the Statutes of 2016 (Senate Bill No. 827)(f) Budget Act of 2016(1) Chapter 23 of the Statutes of 2016 (Senate Bill No. 826)(2) Chapter 44 of the Statutes of 2016 (Assembly Bill No. 1622)(3) Chapter 318 of the Statutes of 2016 (Assembly Bill No. 1623)(4) Chapter 370 of the Statutes of 2016 (Assembly Bill No. 1613)(5) Chapter 2 of the Statutes of 2017 (Senate Bill No. 47)(6) Chapter 7 of the Statutes of 2017 (Senate Bill No. 132)(7) Chapter 12 of the Statutes of 2017 (Assembly Bill No. 98)(8) Chapter 53 of the Statutes of 2017 (Senate Bill No. 107)(g) Budget Act of 2017(1) Chapter 14 of the Statutes of 2017 (Assembly Bill No. 97)(2) Chapter 22 of the Statutes of 2017 (Assembly Bill No. 120)(3) Chapter 54 of the Statutes of 2017 (Senate Bill No. 108)(4) Chapter 181 of the Statutes of 2017 (Senate Bill No. 113)(5) Chapter 249 of the Statutes of 2017 (Assembly Bill No. 109)(6) Chapter 254 of the Statutes of 2017 (Assembly Bill No. 134)(7) Chapter 5 of the Statutes of 2018 (Assembly Bill No. 105)(8) Chapter 31 of the Statutes of 2018 (Senate Bill No. 841)(h) Budget Act of 2018(1) Chapter 29 of the Statutes of 2018 (Senate Bill No. 840)(2) Chapter 30 of the Statutes of 2018 (Senate Bill No. 856)(3) Chapter 449 of the Statutes of 2018 (Senate Bill No. 862)(4) Chapter 1 of the Statutes of 2019 (Assembly Bill No. 72)(5) Chapter 35 of the Statutes of 2019 (Senate Bill No. 93)(i) Budget Act of 2019(1) Chapter 23 of the Statutes of 2019 (Assembly Bill No. 74)(2) Chapter 55 of the Statutes of 2019 (Senate Bill No. 106)(3) Chapter 80 of the Statutes of 2019 (Assembly Bill No. 110)(4) Chapter 363 of the Statutes of 2019 (Senate Bill No. 109)(5) Chapter 2 of the Statutes of 2020 (Senate Bill No. 89)(6) Chapter 9 of the Statutes of 2020 (Assembly Bill No. 75)(7) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(j) Budget Act of 2020(1) Chapter 6 of the Statutes of 2020 (Senate Bill No. 74)(2) Chapter 7 of the Statutes of 2020 (Assembly Bill No. 89)(3) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(4) Chapter 1 of the Statutes of 2021 (Senate Bill No. 89)(5) Chapter 4 of the Statutes of 2021 (Assembly Bill No. 85)(6) Chapter 14 of the Statutes of 2021 (Senate Bill No. 85)(7) Chapter 40 of the Statutes of 2021 (Senate Bill No. 147)(k) Budget Act of 2021(1) Chapter 21 of the Statutes of 2021 (Assembly Bill No. 128)(2) Chapter 43 of the Statutes of 2021 (Assembly Bill No. 161)(3) Chapter 69 of the Statutes of 2021 (Senate Bill No. 129)(4) Chapter 84 of the Statutes of 2021 (Assembly Bill No. 164)(5) Chapter 240 of the Statutes of 2021 (Senate Bill No. 170)(6) Chapter 2 of the Statutes of 2022 (Senate Bill No. 115)(7) Chapter 9 of the Statutes of 2022 (Senate Bill No. 119)(8) Chapter 44 of the Statutes of 2022 (Assembly Bill No. 180) |
|---|
| 1473 | | - | |
|---|
| 1474 | | - | SEC. 34. Section 16344 of the Government Code is amended to read: |
|---|
| 1475 | | - | |
|---|
| 1476 | | - | ### SEC. 34. |
|---|
| 1477 | | - | |
|---|
| 1478 | | - | 16344. The Budget Act for each fiscal year commencing with the 201112 fiscal year consists of the following statutes:(a) Budget Act of 2011(1) Chapter 33 of the Statutes of 2011 (Senate Bill No. 87)(2) Chapter 41 of the Statutes of 2011 (Assembly Bill No. 121)(3) Chapter 16 of the Statutes of 2011, First Extraordinary Session (Assembly Bill No. 30)(4) Chapter 10 of the Statutes of 2012 (Senate Bill No. 83)(5) Chapter 27 of the Statutes of 2012 (Assembly Bill No. 1485)(b) Budget Act of 2012(1) Chapter 21 of the Statutes of 2012 (Assembly Bill No. 1464)(2) Chapter 29 of the Statutes of 2012 (Assembly Bill No. 1497)(3) Chapter 31 of the Statutes of 2012 (Assembly Bill No. 1502)(4) Chapter 152 of the Statutes of 2012 (Senate Bill No. 1029)(5) Chapter 630 of the Statutes of 2012 (Assembly Bill No. 1477)(6) Chapter 3 of the Statutes of 2013 (Assembly Bill No. 113)(7) Chapter 5 of the Statutes of 2013 (Senate Bill No. 68)(8) Chapter 36 of the Statutes of 2013 (Senate Bill No. 89)(c) Budget Act of 2013(1) Chapter 20 of the Statutes of 2013 (Assembly Bill No. 110)(2) Chapter 354 of the Statutes of 2013 (Assembly Bill No. 101)(3) Chapter 2 of the Statutes of 2014 (Senate Bill No. 103)(4) Chapter 38 of the Statutes of 2014 (Senate Bill No. 865)(d) Budget Act of 2014(1) Chapter 25 of the Statutes of 2014 (Senate Bill No. 852)(2) Chapter 663 of the Statutes of 2014 (Assembly Bill No. 1476)(3) Chapter 1 of the Statutes of 2015 (Assembly Bill No. 91)(4) Chapter 15 of the Statutes of 2015 (Assembly Bill No. 116)(e) Budget Act of 2015(1) Chapter 10 of the Statutes of 2015 (Assembly Bill No. 93)(2) Chapter 11 of the Statutes of 2015 (Senate Bill No. 97)(3) Chapter 321 of the Statutes of 2015 (Senate Bill No. 101)(4) Chapter 2 of the Statutes of 2016 (Assembly Bill No. 133)(5) Chapter 9 of the Statutes of 2016 (Senate Bill No. 93)(6) Chapter 11 of the Statutes of 2016 (Assembly Bill No. 120)(7) Chapter 28 of the Statutes of 2016 (Senate Bill No. 827)(f) Budget Act of 2016(1) Chapter 23 of the Statutes of 2016 (Senate Bill No. 826)(2) Chapter 44 of the Statutes of 2016 (Assembly Bill No. 1622)(3) Chapter 318 of the Statutes of 2016 (Assembly Bill No. 1623)(4) Chapter 370 of the Statutes of 2016 (Assembly Bill No. 1613)(5) Chapter 2 of the Statutes of 2017 (Senate Bill No. 47)(6) Chapter 7 of the Statutes of 2017 (Senate Bill No. 132)(7) Chapter 12 of the Statutes of 2017 (Assembly Bill No. 98)(8) Chapter 53 of the Statutes of 2017 (Senate Bill No. 107)(g) Budget Act of 2017(1) Chapter 14 of the Statutes of 2017 (Assembly Bill No. 97)(2) Chapter 22 of the Statutes of 2017 (Assembly Bill No. 120)(3) Chapter 54 of the Statutes of 2017 (Senate Bill No. 108)(4) Chapter 181 of the Statutes of 2017 (Senate Bill No. 113)(5) Chapter 249 of the Statutes of 2017 (Assembly Bill No. 109)(6) Chapter 254 of the Statutes of 2017 (Assembly Bill No. 134)(7) Chapter 5 of the Statutes of 2018 (Assembly Bill No. 105)(8) Chapter 31 of the Statutes of 2018 (Senate Bill No. 841)(h) Budget Act of 2018(1) Chapter 29 of the Statutes of 2018 (Senate Bill No. 840)(2) Chapter 30 of the Statutes of 2018 (Senate Bill No. 856)(3) Chapter 449 of the Statutes of 2018 (Senate Bill No. 862)(4) Chapter 1 of the Statutes of 2019 (Assembly Bill No. 72)(5) Chapter 35 of the Statutes of 2019 (Senate Bill No. 93)(i) Budget Act of 2019(1) Chapter 23 of the Statutes of 2019 (Assembly Bill No. 74)(2) Chapter 55 of the Statutes of 2019 (Senate Bill No. 106)(3) Chapter 80 of the Statutes of 2019 (Assembly Bill No. 110)(4) Chapter 363 of the Statutes of 2019 (Senate Bill No. 109)(5) Chapter 2 of the Statutes of 2020 (Senate Bill No. 89)(6) Chapter 9 of the Statutes of 2020 (Assembly Bill No. 75)(7) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(j) Budget Act of 2020(1) Chapter 6 of the Statutes of 2020 (Senate Bill No. 74)(2) Chapter 7 of the Statutes of 2020 (Assembly Bill No. 89)(3) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(4) Chapter 1 of the Statutes of 2021 (Senate Bill No. 89)(5) Chapter 4 of the Statutes of 2021 (Assembly Bill No. 85)(6) Chapter 14 of the Statutes of 2021 (Senate Bill No. 85)(7) Chapter 40 of the Statutes of 2021 (Senate Bill No. 147)(k) Budget Act of 2021(1) Chapter 21 of the Statutes of 2021 (Assembly Bill No. 128)(2) Chapter 43 of the Statutes of 2021 (Assembly Bill No. 161)(3) Chapter 69 of the Statutes of 2021 (Senate Bill No. 129)(4) Chapter 84 of the Statutes of 2021 (Assembly Bill No. 164)(5) Chapter 240 of the Statutes of 2021 (Senate Bill No. 170)(6) Chapter 2 of the Statutes of 2022 (Senate Bill No. 115)(7) Chapter 9 of the Statutes of 2022 (Senate Bill No. 119)(8) Chapter 44 of the Statutes of 2022 (Assembly Bill No. 180) |
|---|
| 1479 | | - | |
|---|
| 1480 | | - | 16344. The Budget Act for each fiscal year commencing with the 201112 fiscal year consists of the following statutes:(a) Budget Act of 2011(1) Chapter 33 of the Statutes of 2011 (Senate Bill No. 87)(2) Chapter 41 of the Statutes of 2011 (Assembly Bill No. 121)(3) Chapter 16 of the Statutes of 2011, First Extraordinary Session (Assembly Bill No. 30)(4) Chapter 10 of the Statutes of 2012 (Senate Bill No. 83)(5) Chapter 27 of the Statutes of 2012 (Assembly Bill No. 1485)(b) Budget Act of 2012(1) Chapter 21 of the Statutes of 2012 (Assembly Bill No. 1464)(2) Chapter 29 of the Statutes of 2012 (Assembly Bill No. 1497)(3) Chapter 31 of the Statutes of 2012 (Assembly Bill No. 1502)(4) Chapter 152 of the Statutes of 2012 (Senate Bill No. 1029)(5) Chapter 630 of the Statutes of 2012 (Assembly Bill No. 1477)(6) Chapter 3 of the Statutes of 2013 (Assembly Bill No. 113)(7) Chapter 5 of the Statutes of 2013 (Senate Bill No. 68)(8) Chapter 36 of the Statutes of 2013 (Senate Bill No. 89)(c) Budget Act of 2013(1) Chapter 20 of the Statutes of 2013 (Assembly Bill No. 110)(2) Chapter 354 of the Statutes of 2013 (Assembly Bill No. 101)(3) Chapter 2 of the Statutes of 2014 (Senate Bill No. 103)(4) Chapter 38 of the Statutes of 2014 (Senate Bill No. 865)(d) Budget Act of 2014(1) Chapter 25 of the Statutes of 2014 (Senate Bill No. 852)(2) Chapter 663 of the Statutes of 2014 (Assembly Bill No. 1476)(3) Chapter 1 of the Statutes of 2015 (Assembly Bill No. 91)(4) Chapter 15 of the Statutes of 2015 (Assembly Bill No. 116)(e) Budget Act of 2015(1) Chapter 10 of the Statutes of 2015 (Assembly Bill No. 93)(2) Chapter 11 of the Statutes of 2015 (Senate Bill No. 97)(3) Chapter 321 of the Statutes of 2015 (Senate Bill No. 101)(4) Chapter 2 of the Statutes of 2016 (Assembly Bill No. 133)(5) Chapter 9 of the Statutes of 2016 (Senate Bill No. 93)(6) Chapter 11 of the Statutes of 2016 (Assembly Bill No. 120)(7) Chapter 28 of the Statutes of 2016 (Senate Bill No. 827)(f) Budget Act of 2016(1) Chapter 23 of the Statutes of 2016 (Senate Bill No. 826)(2) Chapter 44 of the Statutes of 2016 (Assembly Bill No. 1622)(3) Chapter 318 of the Statutes of 2016 (Assembly Bill No. 1623)(4) Chapter 370 of the Statutes of 2016 (Assembly Bill No. 1613)(5) Chapter 2 of the Statutes of 2017 (Senate Bill No. 47)(6) Chapter 7 of the Statutes of 2017 (Senate Bill No. 132)(7) Chapter 12 of the Statutes of 2017 (Assembly Bill No. 98)(8) Chapter 53 of the Statutes of 2017 (Senate Bill No. 107)(g) Budget Act of 2017(1) Chapter 14 of the Statutes of 2017 (Assembly Bill No. 97)(2) Chapter 22 of the Statutes of 2017 (Assembly Bill No. 120)(3) Chapter 54 of the Statutes of 2017 (Senate Bill No. 108)(4) Chapter 181 of the Statutes of 2017 (Senate Bill No. 113)(5) Chapter 249 of the Statutes of 2017 (Assembly Bill No. 109)(6) Chapter 254 of the Statutes of 2017 (Assembly Bill No. 134)(7) Chapter 5 of the Statutes of 2018 (Assembly Bill No. 105)(8) Chapter 31 of the Statutes of 2018 (Senate Bill No. 841)(h) Budget Act of 2018(1) Chapter 29 of the Statutes of 2018 (Senate Bill No. 840)(2) Chapter 30 of the Statutes of 2018 (Senate Bill No. 856)(3) Chapter 449 of the Statutes of 2018 (Senate Bill No. 862)(4) Chapter 1 of the Statutes of 2019 (Assembly Bill No. 72)(5) Chapter 35 of the Statutes of 2019 (Senate Bill No. 93)(i) Budget Act of 2019(1) Chapter 23 of the Statutes of 2019 (Assembly Bill No. 74)(2) Chapter 55 of the Statutes of 2019 (Senate Bill No. 106)(3) Chapter 80 of the Statutes of 2019 (Assembly Bill No. 110)(4) Chapter 363 of the Statutes of 2019 (Senate Bill No. 109)(5) Chapter 2 of the Statutes of 2020 (Senate Bill No. 89)(6) Chapter 9 of the Statutes of 2020 (Assembly Bill No. 75)(7) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(j) Budget Act of 2020(1) Chapter 6 of the Statutes of 2020 (Senate Bill No. 74)(2) Chapter 7 of the Statutes of 2020 (Assembly Bill No. 89)(3) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(4) Chapter 1 of the Statutes of 2021 (Senate Bill No. 89)(5) Chapter 4 of the Statutes of 2021 (Assembly Bill No. 85)(6) Chapter 14 of the Statutes of 2021 (Senate Bill No. 85)(7) Chapter 40 of the Statutes of 2021 (Senate Bill No. 147)(k) Budget Act of 2021(1) Chapter 21 of the Statutes of 2021 (Assembly Bill No. 128)(2) Chapter 43 of the Statutes of 2021 (Assembly Bill No. 161)(3) Chapter 69 of the Statutes of 2021 (Senate Bill No. 129)(4) Chapter 84 of the Statutes of 2021 (Assembly Bill No. 164)(5) Chapter 240 of the Statutes of 2021 (Senate Bill No. 170)(6) Chapter 2 of the Statutes of 2022 (Senate Bill No. 115)(7) Chapter 9 of the Statutes of 2022 (Senate Bill No. 119)(8) Chapter 44 of the Statutes of 2022 (Assembly Bill No. 180) |
|---|
| 1481 | | - | |
|---|
| 1482 | | - | 16344. The Budget Act for each fiscal year commencing with the 201112 fiscal year consists of the following statutes:(a) Budget Act of 2011(1) Chapter 33 of the Statutes of 2011 (Senate Bill No. 87)(2) Chapter 41 of the Statutes of 2011 (Assembly Bill No. 121)(3) Chapter 16 of the Statutes of 2011, First Extraordinary Session (Assembly Bill No. 30)(4) Chapter 10 of the Statutes of 2012 (Senate Bill No. 83)(5) Chapter 27 of the Statutes of 2012 (Assembly Bill No. 1485)(b) Budget Act of 2012(1) Chapter 21 of the Statutes of 2012 (Assembly Bill No. 1464)(2) Chapter 29 of the Statutes of 2012 (Assembly Bill No. 1497)(3) Chapter 31 of the Statutes of 2012 (Assembly Bill No. 1502)(4) Chapter 152 of the Statutes of 2012 (Senate Bill No. 1029)(5) Chapter 630 of the Statutes of 2012 (Assembly Bill No. 1477)(6) Chapter 3 of the Statutes of 2013 (Assembly Bill No. 113)(7) Chapter 5 of the Statutes of 2013 (Senate Bill No. 68)(8) Chapter 36 of the Statutes of 2013 (Senate Bill No. 89)(c) Budget Act of 2013(1) Chapter 20 of the Statutes of 2013 (Assembly Bill No. 110)(2) Chapter 354 of the Statutes of 2013 (Assembly Bill No. 101)(3) Chapter 2 of the Statutes of 2014 (Senate Bill No. 103)(4) Chapter 38 of the Statutes of 2014 (Senate Bill No. 865)(d) Budget Act of 2014(1) Chapter 25 of the Statutes of 2014 (Senate Bill No. 852)(2) Chapter 663 of the Statutes of 2014 (Assembly Bill No. 1476)(3) Chapter 1 of the Statutes of 2015 (Assembly Bill No. 91)(4) Chapter 15 of the Statutes of 2015 (Assembly Bill No. 116)(e) Budget Act of 2015(1) Chapter 10 of the Statutes of 2015 (Assembly Bill No. 93)(2) Chapter 11 of the Statutes of 2015 (Senate Bill No. 97)(3) Chapter 321 of the Statutes of 2015 (Senate Bill No. 101)(4) Chapter 2 of the Statutes of 2016 (Assembly Bill No. 133)(5) Chapter 9 of the Statutes of 2016 (Senate Bill No. 93)(6) Chapter 11 of the Statutes of 2016 (Assembly Bill No. 120)(7) Chapter 28 of the Statutes of 2016 (Senate Bill No. 827)(f) Budget Act of 2016(1) Chapter 23 of the Statutes of 2016 (Senate Bill No. 826)(2) Chapter 44 of the Statutes of 2016 (Assembly Bill No. 1622)(3) Chapter 318 of the Statutes of 2016 (Assembly Bill No. 1623)(4) Chapter 370 of the Statutes of 2016 (Assembly Bill No. 1613)(5) Chapter 2 of the Statutes of 2017 (Senate Bill No. 47)(6) Chapter 7 of the Statutes of 2017 (Senate Bill No. 132)(7) Chapter 12 of the Statutes of 2017 (Assembly Bill No. 98)(8) Chapter 53 of the Statutes of 2017 (Senate Bill No. 107)(g) Budget Act of 2017(1) Chapter 14 of the Statutes of 2017 (Assembly Bill No. 97)(2) Chapter 22 of the Statutes of 2017 (Assembly Bill No. 120)(3) Chapter 54 of the Statutes of 2017 (Senate Bill No. 108)(4) Chapter 181 of the Statutes of 2017 (Senate Bill No. 113)(5) Chapter 249 of the Statutes of 2017 (Assembly Bill No. 109)(6) Chapter 254 of the Statutes of 2017 (Assembly Bill No. 134)(7) Chapter 5 of the Statutes of 2018 (Assembly Bill No. 105)(8) Chapter 31 of the Statutes of 2018 (Senate Bill No. 841)(h) Budget Act of 2018(1) Chapter 29 of the Statutes of 2018 (Senate Bill No. 840)(2) Chapter 30 of the Statutes of 2018 (Senate Bill No. 856)(3) Chapter 449 of the Statutes of 2018 (Senate Bill No. 862)(4) Chapter 1 of the Statutes of 2019 (Assembly Bill No. 72)(5) Chapter 35 of the Statutes of 2019 (Senate Bill No. 93)(i) Budget Act of 2019(1) Chapter 23 of the Statutes of 2019 (Assembly Bill No. 74)(2) Chapter 55 of the Statutes of 2019 (Senate Bill No. 106)(3) Chapter 80 of the Statutes of 2019 (Assembly Bill No. 110)(4) Chapter 363 of the Statutes of 2019 (Senate Bill No. 109)(5) Chapter 2 of the Statutes of 2020 (Senate Bill No. 89)(6) Chapter 9 of the Statutes of 2020 (Assembly Bill No. 75)(7) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(j) Budget Act of 2020(1) Chapter 6 of the Statutes of 2020 (Senate Bill No. 74)(2) Chapter 7 of the Statutes of 2020 (Assembly Bill No. 89)(3) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115)(4) Chapter 1 of the Statutes of 2021 (Senate Bill No. 89)(5) Chapter 4 of the Statutes of 2021 (Assembly Bill No. 85)(6) Chapter 14 of the Statutes of 2021 (Senate Bill No. 85)(7) Chapter 40 of the Statutes of 2021 (Senate Bill No. 147)(k) Budget Act of 2021(1) Chapter 21 of the Statutes of 2021 (Assembly Bill No. 128)(2) Chapter 43 of the Statutes of 2021 (Assembly Bill No. 161)(3) Chapter 69 of the Statutes of 2021 (Senate Bill No. 129)(4) Chapter 84 of the Statutes of 2021 (Assembly Bill No. 164)(5) Chapter 240 of the Statutes of 2021 (Senate Bill No. 170)(6) Chapter 2 of the Statutes of 2022 (Senate Bill No. 115)(7) Chapter 9 of the Statutes of 2022 (Senate Bill No. 119)(8) Chapter 44 of the Statutes of 2022 (Assembly Bill No. 180) |
|---|
| 1483 | | - | |
|---|
| 1484 | | - | |
|---|
| 1485 | | - | |
|---|
| 1486 | | - | 16344. The Budget Act for each fiscal year commencing with the 201112 fiscal year consists of the following statutes: |
|---|
| 1487 | | - | |
|---|
| 1488 | | - | (a) Budget Act of 2011 |
|---|
| 1489 | | - | |
|---|
| 1490 | | - | (1) Chapter 33 of the Statutes of 2011 (Senate Bill No. 87) |
|---|
| 1491 | | - | |
|---|
| 1492 | | - | (2) Chapter 41 of the Statutes of 2011 (Assembly Bill No. 121) |
|---|
| 1493 | | - | |
|---|
| 1494 | | - | (3) Chapter 16 of the Statutes of 2011, First Extraordinary Session (Assembly Bill No. 30) |
|---|
| 1495 | | - | |
|---|
| 1496 | | - | (4) Chapter 10 of the Statutes of 2012 (Senate Bill No. 83) |
|---|
| 1497 | | - | |
|---|
| 1498 | | - | (5) Chapter 27 of the Statutes of 2012 (Assembly Bill No. 1485) |
|---|
| 1499 | | - | |
|---|
| 1500 | | - | (b) Budget Act of 2012 |
|---|
| 1501 | | - | |
|---|
| 1502 | | - | (1) Chapter 21 of the Statutes of 2012 (Assembly Bill No. 1464) |
|---|
| 1503 | | - | |
|---|
| 1504 | | - | (2) Chapter 29 of the Statutes of 2012 (Assembly Bill No. 1497) |
|---|
| 1505 | | - | |
|---|
| 1506 | | - | (3) Chapter 31 of the Statutes of 2012 (Assembly Bill No. 1502) |
|---|
| 1507 | | - | |
|---|
| 1508 | | - | (4) Chapter 152 of the Statutes of 2012 (Senate Bill No. 1029) |
|---|
| 1509 | | - | |
|---|
| 1510 | | - | (5) Chapter 630 of the Statutes of 2012 (Assembly Bill No. 1477) |
|---|
| 1511 | | - | |
|---|
| 1512 | | - | (6) Chapter 3 of the Statutes of 2013 (Assembly Bill No. 113) |
|---|
| 1513 | | - | |
|---|
| 1514 | | - | (7) Chapter 5 of the Statutes of 2013 (Senate Bill No. 68) |
|---|
| 1515 | | - | |
|---|
| 1516 | | - | (8) Chapter 36 of the Statutes of 2013 (Senate Bill No. 89) |
|---|
| 1517 | | - | |
|---|
| 1518 | | - | (c) Budget Act of 2013 |
|---|
| 1519 | | - | |
|---|
| 1520 | | - | (1) Chapter 20 of the Statutes of 2013 (Assembly Bill No. 110) |
|---|
| 1521 | | - | |
|---|
| 1522 | | - | (2) Chapter 354 of the Statutes of 2013 (Assembly Bill No. 101) |
|---|
| 1523 | | - | |
|---|
| 1524 | | - | (3) Chapter 2 of the Statutes of 2014 (Senate Bill No. 103) |
|---|
| 1525 | | - | |
|---|
| 1526 | | - | (4) Chapter 38 of the Statutes of 2014 (Senate Bill No. 865) |
|---|
| 1527 | | - | |
|---|
| 1528 | | - | (d) Budget Act of 2014 |
|---|
| 1529 | | - | |
|---|
| 1530 | | - | (1) Chapter 25 of the Statutes of 2014 (Senate Bill No. 852) |
|---|
| 1531 | | - | |
|---|
| 1532 | | - | (2) Chapter 663 of the Statutes of 2014 (Assembly Bill No. 1476) |
|---|
| 1533 | | - | |
|---|
| 1534 | | - | (3) Chapter 1 of the Statutes of 2015 (Assembly Bill No. 91) |
|---|
| 1535 | | - | |
|---|
| 1536 | | - | (4) Chapter 15 of the Statutes of 2015 (Assembly Bill No. 116) |
|---|
| 1537 | | - | |
|---|
| 1538 | | - | (e) Budget Act of 2015 |
|---|
| 1539 | | - | |
|---|
| 1540 | | - | (1) Chapter 10 of the Statutes of 2015 (Assembly Bill No. 93) |
|---|
| 1541 | | - | |
|---|
| 1542 | | - | (2) Chapter 11 of the Statutes of 2015 (Senate Bill No. 97) |
|---|
| 1543 | | - | |
|---|
| 1544 | | - | (3) Chapter 321 of the Statutes of 2015 (Senate Bill No. 101) |
|---|
| 1545 | | - | |
|---|
| 1546 | | - | (4) Chapter 2 of the Statutes of 2016 (Assembly Bill No. 133) |
|---|
| 1547 | | - | |
|---|
| 1548 | | - | (5) Chapter 9 of the Statutes of 2016 (Senate Bill No. 93) |
|---|
| 1549 | | - | |
|---|
| 1550 | | - | (6) Chapter 11 of the Statutes of 2016 (Assembly Bill No. 120) |
|---|
| 1551 | | - | |
|---|
| 1552 | | - | (7) Chapter 28 of the Statutes of 2016 (Senate Bill No. 827) |
|---|
| 1553 | | - | |
|---|
| 1554 | | - | (f) Budget Act of 2016 |
|---|
| 1555 | | - | |
|---|
| 1556 | | - | (1) Chapter 23 of the Statutes of 2016 (Senate Bill No. 826) |
|---|
| 1557 | | - | |
|---|
| 1558 | | - | (2) Chapter 44 of the Statutes of 2016 (Assembly Bill No. 1622) |
|---|
| 1559 | | - | |
|---|
| 1560 | | - | (3) Chapter 318 of the Statutes of 2016 (Assembly Bill No. 1623) |
|---|
| 1561 | | - | |
|---|
| 1562 | | - | (4) Chapter 370 of the Statutes of 2016 (Assembly Bill No. 1613) |
|---|
| 1563 | | - | |
|---|
| 1564 | | - | (5) Chapter 2 of the Statutes of 2017 (Senate Bill No. 47) |
|---|
| 1565 | | - | |
|---|
| 1566 | | - | (6) Chapter 7 of the Statutes of 2017 (Senate Bill No. 132) |
|---|
| 1567 | | - | |
|---|
| 1568 | | - | (7) Chapter 12 of the Statutes of 2017 (Assembly Bill No. 98) |
|---|
| 1569 | | - | |
|---|
| 1570 | | - | (8) Chapter 53 of the Statutes of 2017 (Senate Bill No. 107) |
|---|
| 1571 | | - | |
|---|
| 1572 | | - | (g) Budget Act of 2017 |
|---|
| 1573 | | - | |
|---|
| 1574 | | - | (1) Chapter 14 of the Statutes of 2017 (Assembly Bill No. 97) |
|---|
| 1575 | | - | |
|---|
| 1576 | | - | (2) Chapter 22 of the Statutes of 2017 (Assembly Bill No. 120) |
|---|
| 1577 | | - | |
|---|
| 1578 | | - | (3) Chapter 54 of the Statutes of 2017 (Senate Bill No. 108) |
|---|
| 1579 | | - | |
|---|
| 1580 | | - | (4) Chapter 181 of the Statutes of 2017 (Senate Bill No. 113) |
|---|
| 1581 | | - | |
|---|
| 1582 | | - | (5) Chapter 249 of the Statutes of 2017 (Assembly Bill No. 109) |
|---|
| 1583 | | - | |
|---|
| 1584 | | - | (6) Chapter 254 of the Statutes of 2017 (Assembly Bill No. 134) |
|---|
| 1585 | | - | |
|---|
| 1586 | | - | (7) Chapter 5 of the Statutes of 2018 (Assembly Bill No. 105) |
|---|
| 1587 | | - | |
|---|
| 1588 | | - | (8) Chapter 31 of the Statutes of 2018 (Senate Bill No. 841) |
|---|
| 1589 | | - | |
|---|
| 1590 | | - | (h) Budget Act of 2018 |
|---|
| 1591 | | - | |
|---|
| 1592 | | - | (1) Chapter 29 of the Statutes of 2018 (Senate Bill No. 840) |
|---|
| 1593 | | - | |
|---|
| 1594 | | - | (2) Chapter 30 of the Statutes of 2018 (Senate Bill No. 856) |
|---|
| 1595 | | - | |
|---|
| 1596 | | - | (3) Chapter 449 of the Statutes of 2018 (Senate Bill No. 862) |
|---|
| 1597 | | - | |
|---|
| 1598 | | - | (4) Chapter 1 of the Statutes of 2019 (Assembly Bill No. 72) |
|---|
| 1599 | | - | |
|---|
| 1600 | | - | (5) Chapter 35 of the Statutes of 2019 (Senate Bill No. 93) |
|---|
| 1601 | | - | |
|---|
| 1602 | | - | (i) Budget Act of 2019 |
|---|
| 1603 | | - | |
|---|
| 1604 | | - | (1) Chapter 23 of the Statutes of 2019 (Assembly Bill No. 74) |
|---|
| 1605 | | - | |
|---|
| 1606 | | - | (2) Chapter 55 of the Statutes of 2019 (Senate Bill No. 106) |
|---|
| 1607 | | - | |
|---|
| 1608 | | - | (3) Chapter 80 of the Statutes of 2019 (Assembly Bill No. 110) |
|---|
| 1609 | | - | |
|---|
| 1610 | | - | (4) Chapter 363 of the Statutes of 2019 (Senate Bill No. 109) |
|---|
| 1611 | | - | |
|---|
| 1612 | | - | (5) Chapter 2 of the Statutes of 2020 (Senate Bill No. 89) |
|---|
| 1613 | | - | |
|---|
| 1614 | | - | (6) Chapter 9 of the Statutes of 2020 (Assembly Bill No. 75) |
|---|
| 1615 | | - | |
|---|
| 1616 | | - | (7) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115) |
|---|
| 1617 | | - | |
|---|
| 1618 | | - | (j) Budget Act of 2020 |
|---|
| 1619 | | - | |
|---|
| 1620 | | - | (1) Chapter 6 of the Statutes of 2020 (Senate Bill No. 74) |
|---|
| 1621 | | - | |
|---|
| 1622 | | - | (2) Chapter 7 of the Statutes of 2020 (Assembly Bill No. 89) |
|---|
| 1623 | | - | |
|---|
| 1624 | | - | (3) Chapter 40 of the Statutes of 2020 (Senate Bill No. 115) |
|---|
| 1625 | | - | |
|---|
| 1626 | | - | (4) Chapter 1 of the Statutes of 2021 (Senate Bill No. 89) |
|---|
| 1627 | | - | |
|---|
| 1628 | | - | (5) Chapter 4 of the Statutes of 2021 (Assembly Bill No. 85) |
|---|
| 1629 | | - | |
|---|
| 1630 | | - | (6) Chapter 14 of the Statutes of 2021 (Senate Bill No. 85) |
|---|
| 1631 | | - | |
|---|
| 1632 | | - | (7) Chapter 40 of the Statutes of 2021 (Senate Bill No. 147) |
|---|
| 1633 | | - | |
|---|
| 1634 | | - | (k) Budget Act of 2021 |
|---|
| 1635 | | - | |
|---|
| 1636 | | - | (1) Chapter 21 of the Statutes of 2021 (Assembly Bill No. 128) |
|---|
| 1637 | | - | |
|---|
| 1638 | | - | (2) Chapter 43 of the Statutes of 2021 (Assembly Bill No. 161) |
|---|
| 1639 | | - | |
|---|
| 1640 | | - | (3) Chapter 69 of the Statutes of 2021 (Senate Bill No. 129) |
|---|
| 1641 | | - | |
|---|
| 1642 | | - | (4) Chapter 84 of the Statutes of 2021 (Assembly Bill No. 164) |
|---|
| 1643 | | - | |
|---|
| 1644 | | - | (5) Chapter 240 of the Statutes of 2021 (Senate Bill No. 170) |
|---|
| 1645 | | - | |
|---|
| 1646 | | - | (6) Chapter 2 of the Statutes of 2022 (Senate Bill No. 115) |
|---|
| 1647 | | - | |
|---|
| 1648 | | - | (7) Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) |
|---|
| 1649 | | - | |
|---|
| 1650 | | - | (8) Chapter 44 of the Statutes of 2022 (Assembly Bill No. 180) |
|---|
| 1651 | | - | |
|---|
| 1652 | | - | SEC. 35. Section 65057 of the Government Code is amended to read:65057. (a) The California Initiative to Advance Precision Medicine is hereby established in the office. In establishing the initiative, the office shall incorporate agreements and partnerships regarding precision medicine entered into by the office prior to January 1, 2016.(b) (1) The office shall develop, implement, and evaluate demonstration or nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. A demonstration project may focus on one or more disease areas, and an award of funds under any appropriation of funds to the office for precision medicine shall be based on criteria that include, but are not limited to, the following:(A) The potential for tangible benefit to patients within two to five years, including the likelihood that the study will have an immediate impact on patients.(B) The depth and breadth of data available in the disease focus areas across institutions.(C) The prospects for efficient and effective data integration and analysis.(D) The expertise of potential team members.(E) The resources available for the project outside of the initiative, including the potential for leveraging nonstate funding.(F) The clinical and commercial potential of the project.(G) The potential to reduce health disparities.(H) The potential to scale and leverage multiple electronic health records systems.(I) The potential to develop the use of tools, measurements, and data, including publicly generated and available data.(2) A demonstration project that is selected by the office shall advance greater understanding in at least one of the following areas, or in another area that is determined by the office to be necessary to advance precision medicine:(A) The application of precision medicine to specific disease areas.(B) The challenges of system interoperability.(C) Economic analysis.(D) Standards for sharing data or protocols across institutions.(E) The federal and state regulatory environment.(F) The clinical environment.(G) Challenges relating to data, tools, and infrastructure.(H) The protection of privacy and personal health information.(I) The potential for reducing health disparities.(J) Methods and protocols for patient engagement.(3) The office shall develop concrete metrics and goals for demonstration projects, monitor their progress, and comprehensively evaluate projects upon completion.(4) (A) The office shall annually submit a report to the Legislature that provides an update of the demonstration projects selected. Upon completion of a demonstration project, the office shall submit an evaluation of the demonstration project to the Legislature. A demonstration project is deemed complete when it has completed the agreed upon tasks and deliverables, and the project funding has been completed.(B) A written report made pursuant to subparagraph (A) shall be made in compliance with Section 9795.(c) The office shall develop an inventory of precision medicine assets, including projects, data sets, and experts. In developing the inventory, the office shall assemble knowledge across broad disease areas. The office shall use the inventory to inform strategic areas for the future development of precision medicine-related projects.(d) The office may enter into agreements with public entities, or with nonprofit or not-for-profit organizations for the purpose of jointly administering the programs established under the initiative or to administer any provision of this section.(e) The office shall create and post on a publicly available internet website guidelines for an award of funds made under any appropriation of funds to the office for precision medicine. The guidelines shall include, but are not limited to, the following:(1) Eligibility requirements.(2) A competitive, merit-based application process that allows public and private academic and nonprofit institutions to submit proposals as principal investigators.(3) A comprehensive peer-reviewed selection process.(4) Requirements regarding the use of awarded funds.(5) Requirements regarding the use and sharing of research data and findings.(6) Requirements for the protection of privacy and personal health information.(f) The office shall solicit public, nonprofit, and private sector input for any additional guidelines for an award of funds made pursuant to this section.(g) The office shall establish standards that require a grant to be subject to an intellectual property agreement that balances the opportunity of the state to benefit from the patents, royalties, and licenses that result from basic research, therapy development, and clinical trials against the need to ensure that the agreement does not unreasonably hinder essential medical research.(h) The office may receive nonstate funds in furtherance of the initiative. In furtherance of the initiative means that funds may be used to award additional demonstration projects under the same terms and conditions as state funds in the initiative, held in reserve for follow-on funding of any awardees, or used to fund other nondemonstration project activities in a proportion no greater than 20 percent of the total of nonstate funds received over the term of the commitment. The office shall return unexpended nonstate funds to the source before January 1, 2026. June 30, 2029.(i) Up to 30 percent of any amount appropriated to the office for precision medicine may be held by the office until an equivalent amount of nonstate matching funds is identified and received. Amounts subject to nonstate match may be released in increments as determined by the office.(j) Up to 10 percent of any amount appropriated to the office for precision medicine for demonstration projects may be used by the office for administrative costs.(k) The office shall recruit a precision medicine expert selection committee to represent various precision medicine-related skills, such as bioinformatics, statistics, health economics, patient engagement, and genomics. The Legislature may make nominations for the selection committee to the office for consideration.(l) Members of the selection committee shall be deemed to not be interested in any contract, including any award of funds by the committee, pursuant to this section.(m) Prior to the selection committees deliberative process, the office shall notify the Legislature of the selection of the committee members.(n) The selection committee established in subdivision (k) shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except during the deliberative process as it relates to reviewing and ranking proposals and making final selections.(o) The selection committee shall report on the justification for selecting the demonstration projects that are awarded funding and provide a list of the demonstration projects that were not selected. This report shall be posted on the internet website created in subdivision (e).(p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the office may implement or interpret this article without taking any regulatory action. |
|---|
| 1653 | | - | |
|---|
| 1654 | | - | SEC. 35. Section 65057 of the Government Code is amended to read: |
|---|
| 1655 | | - | |
|---|
| 1656 | | - | ### SEC. 35. |
|---|
| 1657 | | - | |
|---|
| 1658 | | - | 65057. (a) The California Initiative to Advance Precision Medicine is hereby established in the office. In establishing the initiative, the office shall incorporate agreements and partnerships regarding precision medicine entered into by the office prior to January 1, 2016.(b) (1) The office shall develop, implement, and evaluate demonstration or nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. A demonstration project may focus on one or more disease areas, and an award of funds under any appropriation of funds to the office for precision medicine shall be based on criteria that include, but are not limited to, the following:(A) The potential for tangible benefit to patients within two to five years, including the likelihood that the study will have an immediate impact on patients.(B) The depth and breadth of data available in the disease focus areas across institutions.(C) The prospects for efficient and effective data integration and analysis.(D) The expertise of potential team members.(E) The resources available for the project outside of the initiative, including the potential for leveraging nonstate funding.(F) The clinical and commercial potential of the project.(G) The potential to reduce health disparities.(H) The potential to scale and leverage multiple electronic health records systems.(I) The potential to develop the use of tools, measurements, and data, including publicly generated and available data.(2) A demonstration project that is selected by the office shall advance greater understanding in at least one of the following areas, or in another area that is determined by the office to be necessary to advance precision medicine:(A) The application of precision medicine to specific disease areas.(B) The challenges of system interoperability.(C) Economic analysis.(D) Standards for sharing data or protocols across institutions.(E) The federal and state regulatory environment.(F) The clinical environment.(G) Challenges relating to data, tools, and infrastructure.(H) The protection of privacy and personal health information.(I) The potential for reducing health disparities.(J) Methods and protocols for patient engagement.(3) The office shall develop concrete metrics and goals for demonstration projects, monitor their progress, and comprehensively evaluate projects upon completion.(4) (A) The office shall annually submit a report to the Legislature that provides an update of the demonstration projects selected. Upon completion of a demonstration project, the office shall submit an evaluation of the demonstration project to the Legislature. A demonstration project is deemed complete when it has completed the agreed upon tasks and deliverables, and the project funding has been completed.(B) A written report made pursuant to subparagraph (A) shall be made in compliance with Section 9795.(c) The office shall develop an inventory of precision medicine assets, including projects, data sets, and experts. In developing the inventory, the office shall assemble knowledge across broad disease areas. The office shall use the inventory to inform strategic areas for the future development of precision medicine-related projects.(d) The office may enter into agreements with public entities, or with nonprofit or not-for-profit organizations for the purpose of jointly administering the programs established under the initiative or to administer any provision of this section.(e) The office shall create and post on a publicly available internet website guidelines for an award of funds made under any appropriation of funds to the office for precision medicine. The guidelines shall include, but are not limited to, the following:(1) Eligibility requirements.(2) A competitive, merit-based application process that allows public and private academic and nonprofit institutions to submit proposals as principal investigators.(3) A comprehensive peer-reviewed selection process.(4) Requirements regarding the use of awarded funds.(5) Requirements regarding the use and sharing of research data and findings.(6) Requirements for the protection of privacy and personal health information.(f) The office shall solicit public, nonprofit, and private sector input for any additional guidelines for an award of funds made pursuant to this section.(g) The office shall establish standards that require a grant to be subject to an intellectual property agreement that balances the opportunity of the state to benefit from the patents, royalties, and licenses that result from basic research, therapy development, and clinical trials against the need to ensure that the agreement does not unreasonably hinder essential medical research.(h) The office may receive nonstate funds in furtherance of the initiative. In furtherance of the initiative means that funds may be used to award additional demonstration projects under the same terms and conditions as state funds in the initiative, held in reserve for follow-on funding of any awardees, or used to fund other nondemonstration project activities in a proportion no greater than 20 percent of the total of nonstate funds received over the term of the commitment. The office shall return unexpended nonstate funds to the source before January 1, 2026. June 30, 2029.(i) Up to 30 percent of any amount appropriated to the office for precision medicine may be held by the office until an equivalent amount of nonstate matching funds is identified and received. Amounts subject to nonstate match may be released in increments as determined by the office.(j) Up to 10 percent of any amount appropriated to the office for precision medicine for demonstration projects may be used by the office for administrative costs.(k) The office shall recruit a precision medicine expert selection committee to represent various precision medicine-related skills, such as bioinformatics, statistics, health economics, patient engagement, and genomics. The Legislature may make nominations for the selection committee to the office for consideration.(l) Members of the selection committee shall be deemed to not be interested in any contract, including any award of funds by the committee, pursuant to this section.(m) Prior to the selection committees deliberative process, the office shall notify the Legislature of the selection of the committee members.(n) The selection committee established in subdivision (k) shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except during the deliberative process as it relates to reviewing and ranking proposals and making final selections.(o) The selection committee shall report on the justification for selecting the demonstration projects that are awarded funding and provide a list of the demonstration projects that were not selected. This report shall be posted on the internet website created in subdivision (e).(p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the office may implement or interpret this article without taking any regulatory action. |
|---|
| 1659 | | - | |
|---|
| 1660 | | - | 65057. (a) The California Initiative to Advance Precision Medicine is hereby established in the office. In establishing the initiative, the office shall incorporate agreements and partnerships regarding precision medicine entered into by the office prior to January 1, 2016.(b) (1) The office shall develop, implement, and evaluate demonstration or nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. A demonstration project may focus on one or more disease areas, and an award of funds under any appropriation of funds to the office for precision medicine shall be based on criteria that include, but are not limited to, the following:(A) The potential for tangible benefit to patients within two to five years, including the likelihood that the study will have an immediate impact on patients.(B) The depth and breadth of data available in the disease focus areas across institutions.(C) The prospects for efficient and effective data integration and analysis.(D) The expertise of potential team members.(E) The resources available for the project outside of the initiative, including the potential for leveraging nonstate funding.(F) The clinical and commercial potential of the project.(G) The potential to reduce health disparities.(H) The potential to scale and leverage multiple electronic health records systems.(I) The potential to develop the use of tools, measurements, and data, including publicly generated and available data.(2) A demonstration project that is selected by the office shall advance greater understanding in at least one of the following areas, or in another area that is determined by the office to be necessary to advance precision medicine:(A) The application of precision medicine to specific disease areas.(B) The challenges of system interoperability.(C) Economic analysis.(D) Standards for sharing data or protocols across institutions.(E) The federal and state regulatory environment.(F) The clinical environment.(G) Challenges relating to data, tools, and infrastructure.(H) The protection of privacy and personal health information.(I) The potential for reducing health disparities.(J) Methods and protocols for patient engagement.(3) The office shall develop concrete metrics and goals for demonstration projects, monitor their progress, and comprehensively evaluate projects upon completion.(4) (A) The office shall annually submit a report to the Legislature that provides an update of the demonstration projects selected. Upon completion of a demonstration project, the office shall submit an evaluation of the demonstration project to the Legislature. A demonstration project is deemed complete when it has completed the agreed upon tasks and deliverables, and the project funding has been completed.(B) A written report made pursuant to subparagraph (A) shall be made in compliance with Section 9795.(c) The office shall develop an inventory of precision medicine assets, including projects, data sets, and experts. In developing the inventory, the office shall assemble knowledge across broad disease areas. The office shall use the inventory to inform strategic areas for the future development of precision medicine-related projects.(d) The office may enter into agreements with public entities, or with nonprofit or not-for-profit organizations for the purpose of jointly administering the programs established under the initiative or to administer any provision of this section.(e) The office shall create and post on a publicly available internet website guidelines for an award of funds made under any appropriation of funds to the office for precision medicine. The guidelines shall include, but are not limited to, the following:(1) Eligibility requirements.(2) A competitive, merit-based application process that allows public and private academic and nonprofit institutions to submit proposals as principal investigators.(3) A comprehensive peer-reviewed selection process.(4) Requirements regarding the use of awarded funds.(5) Requirements regarding the use and sharing of research data and findings.(6) Requirements for the protection of privacy and personal health information.(f) The office shall solicit public, nonprofit, and private sector input for any additional guidelines for an award of funds made pursuant to this section.(g) The office shall establish standards that require a grant to be subject to an intellectual property agreement that balances the opportunity of the state to benefit from the patents, royalties, and licenses that result from basic research, therapy development, and clinical trials against the need to ensure that the agreement does not unreasonably hinder essential medical research.(h) The office may receive nonstate funds in furtherance of the initiative. In furtherance of the initiative means that funds may be used to award additional demonstration projects under the same terms and conditions as state funds in the initiative, held in reserve for follow-on funding of any awardees, or used to fund other nondemonstration project activities in a proportion no greater than 20 percent of the total of nonstate funds received over the term of the commitment. The office shall return unexpended nonstate funds to the source before January 1, 2026. June 30, 2029.(i) Up to 30 percent of any amount appropriated to the office for precision medicine may be held by the office until an equivalent amount of nonstate matching funds is identified and received. Amounts subject to nonstate match may be released in increments as determined by the office.(j) Up to 10 percent of any amount appropriated to the office for precision medicine for demonstration projects may be used by the office for administrative costs.(k) The office shall recruit a precision medicine expert selection committee to represent various precision medicine-related skills, such as bioinformatics, statistics, health economics, patient engagement, and genomics. The Legislature may make nominations for the selection committee to the office for consideration.(l) Members of the selection committee shall be deemed to not be interested in any contract, including any award of funds by the committee, pursuant to this section.(m) Prior to the selection committees deliberative process, the office shall notify the Legislature of the selection of the committee members.(n) The selection committee established in subdivision (k) shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except during the deliberative process as it relates to reviewing and ranking proposals and making final selections.(o) The selection committee shall report on the justification for selecting the demonstration projects that are awarded funding and provide a list of the demonstration projects that were not selected. This report shall be posted on the internet website created in subdivision (e).(p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the office may implement or interpret this article without taking any regulatory action. |
|---|
| 1661 | | - | |
|---|
| 1662 | | - | 65057. (a) The California Initiative to Advance Precision Medicine is hereby established in the office. In establishing the initiative, the office shall incorporate agreements and partnerships regarding precision medicine entered into by the office prior to January 1, 2016.(b) (1) The office shall develop, implement, and evaluate demonstration or nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. A demonstration project may focus on one or more disease areas, and an award of funds under any appropriation of funds to the office for precision medicine shall be based on criteria that include, but are not limited to, the following:(A) The potential for tangible benefit to patients within two to five years, including the likelihood that the study will have an immediate impact on patients.(B) The depth and breadth of data available in the disease focus areas across institutions.(C) The prospects for efficient and effective data integration and analysis.(D) The expertise of potential team members.(E) The resources available for the project outside of the initiative, including the potential for leveraging nonstate funding.(F) The clinical and commercial potential of the project.(G) The potential to reduce health disparities.(H) The potential to scale and leverage multiple electronic health records systems.(I) The potential to develop the use of tools, measurements, and data, including publicly generated and available data.(2) A demonstration project that is selected by the office shall advance greater understanding in at least one of the following areas, or in another area that is determined by the office to be necessary to advance precision medicine:(A) The application of precision medicine to specific disease areas.(B) The challenges of system interoperability.(C) Economic analysis.(D) Standards for sharing data or protocols across institutions.(E) The federal and state regulatory environment.(F) The clinical environment.(G) Challenges relating to data, tools, and infrastructure.(H) The protection of privacy and personal health information.(I) The potential for reducing health disparities.(J) Methods and protocols for patient engagement.(3) The office shall develop concrete metrics and goals for demonstration projects, monitor their progress, and comprehensively evaluate projects upon completion.(4) (A) The office shall annually submit a report to the Legislature that provides an update of the demonstration projects selected. Upon completion of a demonstration project, the office shall submit an evaluation of the demonstration project to the Legislature. A demonstration project is deemed complete when it has completed the agreed upon tasks and deliverables, and the project funding has been completed.(B) A written report made pursuant to subparagraph (A) shall be made in compliance with Section 9795.(c) The office shall develop an inventory of precision medicine assets, including projects, data sets, and experts. In developing the inventory, the office shall assemble knowledge across broad disease areas. The office shall use the inventory to inform strategic areas for the future development of precision medicine-related projects.(d) The office may enter into agreements with public entities, or with nonprofit or not-for-profit organizations for the purpose of jointly administering the programs established under the initiative or to administer any provision of this section.(e) The office shall create and post on a publicly available internet website guidelines for an award of funds made under any appropriation of funds to the office for precision medicine. The guidelines shall include, but are not limited to, the following:(1) Eligibility requirements.(2) A competitive, merit-based application process that allows public and private academic and nonprofit institutions to submit proposals as principal investigators.(3) A comprehensive peer-reviewed selection process.(4) Requirements regarding the use of awarded funds.(5) Requirements regarding the use and sharing of research data and findings.(6) Requirements for the protection of privacy and personal health information.(f) The office shall solicit public, nonprofit, and private sector input for any additional guidelines for an award of funds made pursuant to this section.(g) The office shall establish standards that require a grant to be subject to an intellectual property agreement that balances the opportunity of the state to benefit from the patents, royalties, and licenses that result from basic research, therapy development, and clinical trials against the need to ensure that the agreement does not unreasonably hinder essential medical research.(h) The office may receive nonstate funds in furtherance of the initiative. In furtherance of the initiative means that funds may be used to award additional demonstration projects under the same terms and conditions as state funds in the initiative, held in reserve for follow-on funding of any awardees, or used to fund other nondemonstration project activities in a proportion no greater than 20 percent of the total of nonstate funds received over the term of the commitment. The office shall return unexpended nonstate funds to the source before January 1, 2026. June 30, 2029.(i) Up to 30 percent of any amount appropriated to the office for precision medicine may be held by the office until an equivalent amount of nonstate matching funds is identified and received. Amounts subject to nonstate match may be released in increments as determined by the office.(j) Up to 10 percent of any amount appropriated to the office for precision medicine for demonstration projects may be used by the office for administrative costs.(k) The office shall recruit a precision medicine expert selection committee to represent various precision medicine-related skills, such as bioinformatics, statistics, health economics, patient engagement, and genomics. The Legislature may make nominations for the selection committee to the office for consideration.(l) Members of the selection committee shall be deemed to not be interested in any contract, including any award of funds by the committee, pursuant to this section.(m) Prior to the selection committees deliberative process, the office shall notify the Legislature of the selection of the committee members.(n) The selection committee established in subdivision (k) shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except during the deliberative process as it relates to reviewing and ranking proposals and making final selections.(o) The selection committee shall report on the justification for selecting the demonstration projects that are awarded funding and provide a list of the demonstration projects that were not selected. This report shall be posted on the internet website created in subdivision (e).(p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the office may implement or interpret this article without taking any regulatory action. |
|---|
| 1663 | | - | |
|---|
| 1664 | | - | |
|---|
| 1665 | | - | |
|---|
| 1666 | | - | 65057. (a) The California Initiative to Advance Precision Medicine is hereby established in the office. In establishing the initiative, the office shall incorporate agreements and partnerships regarding precision medicine entered into by the office prior to January 1, 2016. |
|---|
| 1667 | | - | |
|---|
| 1668 | | - | (b) (1) The office shall develop, implement, and evaluate demonstration or nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. A demonstration project may focus on one or more disease areas, and an award of funds under any appropriation of funds to the office for precision medicine shall be based on criteria that include, but are not limited to, the following: |
|---|
| 1669 | | - | |
|---|
| 1670 | | - | (A) The potential for tangible benefit to patients within two to five years, including the likelihood that the study will have an immediate impact on patients. |
|---|
| 1671 | | - | |
|---|
| 1672 | | - | (B) The depth and breadth of data available in the disease focus areas across institutions. |
|---|
| 1673 | | - | |
|---|
| 1674 | | - | (C) The prospects for efficient and effective data integration and analysis. |
|---|
| 1675 | | - | |
|---|
| 1676 | | - | (D) The expertise of potential team members. |
|---|
| 1677 | | - | |
|---|
| 1678 | | - | (E) The resources available for the project outside of the initiative, including the potential for leveraging nonstate funding. |
|---|
| 1679 | | - | |
|---|
| 1680 | | - | (F) The clinical and commercial potential of the project. |
|---|
| 1681 | | - | |
|---|
| 1682 | | - | (G) The potential to reduce health disparities. |
|---|
| 1683 | | - | |
|---|
| 1684 | | - | (H) The potential to scale and leverage multiple electronic health records systems. |
|---|
| 1685 | | - | |
|---|
| 1686 | | - | (I) The potential to develop the use of tools, measurements, and data, including publicly generated and available data. |
|---|
| 1687 | | - | |
|---|
| 1688 | | - | (2) A demonstration project that is selected by the office shall advance greater understanding in at least one of the following areas, or in another area that is determined by the office to be necessary to advance precision medicine: |
|---|
| 1689 | | - | |
|---|
| 1690 | | - | (A) The application of precision medicine to specific disease areas. |
|---|
| 1691 | | - | |
|---|
| 1692 | | - | (B) The challenges of system interoperability. |
|---|
| 1693 | | - | |
|---|
| 1694 | | - | (C) Economic analysis. |
|---|
| 1695 | | - | |
|---|
| 1696 | | - | (D) Standards for sharing data or protocols across institutions. |
|---|
| 1697 | | - | |
|---|
| 1698 | | - | (E) The federal and state regulatory environment. |
|---|
| 1699 | | - | |
|---|
| 1700 | | - | (F) The clinical environment. |
|---|
| 1701 | | - | |
|---|
| 1702 | | - | (G) Challenges relating to data, tools, and infrastructure. |
|---|
| 1703 | | - | |
|---|
| 1704 | | - | (H) The protection of privacy and personal health information. |
|---|
| 1705 | | - | |
|---|
| 1706 | | - | (I) The potential for reducing health disparities. |
|---|
| 1707 | | - | |
|---|
| 1708 | | - | (J) Methods and protocols for patient engagement. |
|---|
| 1709 | | - | |
|---|
| 1710 | | - | (3) The office shall develop concrete metrics and goals for demonstration projects, monitor their progress, and comprehensively evaluate projects upon completion. |
|---|
| 1711 | | - | |
|---|
| 1712 | | - | (4) (A) The office shall annually submit a report to the Legislature that provides an update of the demonstration projects selected. Upon completion of a demonstration project, the office shall submit an evaluation of the demonstration project to the Legislature. A demonstration project is deemed complete when it has completed the agreed upon tasks and deliverables, and the project funding has been completed. |
|---|
| 1713 | | - | |
|---|
| 1714 | | - | (B) A written report made pursuant to subparagraph (A) shall be made in compliance with Section 9795. |
|---|
| 1715 | | - | |
|---|
| 1716 | | - | (c) The office shall develop an inventory of precision medicine assets, including projects, data sets, and experts. In developing the inventory, the office shall assemble knowledge across broad disease areas. The office shall use the inventory to inform strategic areas for the future development of precision medicine-related projects. |
|---|
| 1717 | | - | |
|---|
| 1718 | | - | (d) The office may enter into agreements with public entities, or with nonprofit or not-for-profit organizations for the purpose of jointly administering the programs established under the initiative or to administer any provision of this section. |
|---|
| 1719 | | - | |
|---|
| 1720 | | - | (e) The office shall create and post on a publicly available internet website guidelines for an award of funds made under any appropriation of funds to the office for precision medicine. The guidelines shall include, but are not limited to, the following: |
|---|
| 1721 | | - | |
|---|
| 1722 | | - | (1) Eligibility requirements. |
|---|
| 1723 | | - | |
|---|
| 1724 | | - | (2) A competitive, merit-based application process that allows public and private academic and nonprofit institutions to submit proposals as principal investigators. |
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| 1725 | | - | |
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| 1726 | | - | (3) A comprehensive peer-reviewed selection process. |
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| 1727 | | - | |
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| 1728 | | - | (4) Requirements regarding the use of awarded funds. |
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| 1729 | | - | |
|---|
| 1730 | | - | (5) Requirements regarding the use and sharing of research data and findings. |
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| 1731 | | - | |
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| 1732 | | - | (6) Requirements for the protection of privacy and personal health information. |
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| 1733 | | - | |
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| 1734 | | - | (f) The office shall solicit public, nonprofit, and private sector input for any additional guidelines for an award of funds made pursuant to this section. |
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| 1735 | | - | |
|---|
| 1736 | | - | (g) The office shall establish standards that require a grant to be subject to an intellectual property agreement that balances the opportunity of the state to benefit from the patents, royalties, and licenses that result from basic research, therapy development, and clinical trials against the need to ensure that the agreement does not unreasonably hinder essential medical research. |
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| 1737 | | - | |
|---|
| 1738 | | - | (h) The office may receive nonstate funds in furtherance of the initiative. In furtherance of the initiative means that funds may be used to award additional demonstration projects under the same terms and conditions as state funds in the initiative, held in reserve for follow-on funding of any awardees, or used to fund other nondemonstration project activities in a proportion no greater than 20 percent of the total of nonstate funds received over the term of the commitment. The office shall return unexpended nonstate funds to the source before January 1, 2026. June 30, 2029. |
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| 1739 | | - | |
|---|
| 1740 | | - | (i) Up to 30 percent of any amount appropriated to the office for precision medicine may be held by the office until an equivalent amount of nonstate matching funds is identified and received. Amounts subject to nonstate match may be released in increments as determined by the office. |
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| 1741 | | - | |
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| 1742 | | - | (j) Up to 10 percent of any amount appropriated to the office for precision medicine for demonstration projects may be used by the office for administrative costs. |
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| 1743 | | - | |
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| 1744 | | - | (k) The office shall recruit a precision medicine expert selection committee to represent various precision medicine-related skills, such as bioinformatics, statistics, health economics, patient engagement, and genomics. The Legislature may make nominations for the selection committee to the office for consideration. |
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| 1745 | | - | |
|---|
| 1746 | | - | (l) Members of the selection committee shall be deemed to not be interested in any contract, including any award of funds by the committee, pursuant to this section. |
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| 1747 | | - | |
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| 1748 | | - | (m) Prior to the selection committees deliberative process, the office shall notify the Legislature of the selection of the committee members. |
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| 1749 | | - | |
|---|
| 1750 | | - | (n) The selection committee established in subdivision (k) shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except during the deliberative process as it relates to reviewing and ranking proposals and making final selections. |
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| 1751 | | - | |
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| 1752 | | - | (o) The selection committee shall report on the justification for selecting the demonstration projects that are awarded funding and provide a list of the demonstration projects that were not selected. This report shall be posted on the internet website created in subdivision (e). |
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| 1753 | | - | |
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| 1754 | | - | (p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the office may implement or interpret this article without taking any regulatory action. |
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| 1755 | | - | |
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| 1756 | | - | SEC. 36. Section 65059 of the Government Code is amended to read:65059. This article shall remain in effect only until January 1, 2026, June 30, 2029, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, June 30, 2029, deletes or extends that date. |
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| 1757 | | - | |
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| 1758 | | - | SEC. 36. Section 65059 of the Government Code is amended to read: |
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| 1759 | | - | |
|---|
| 1760 | | - | ### SEC. 36. |
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| 1761 | | - | |
|---|
| 1762 | | - | 65059. This article shall remain in effect only until January 1, 2026, June 30, 2029, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, June 30, 2029, deletes or extends that date. |
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| 1763 | | - | |
|---|
| 1764 | | - | 65059. This article shall remain in effect only until January 1, 2026, June 30, 2029, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, June 30, 2029, deletes or extends that date. |
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| 1765 | | - | |
|---|
| 1766 | | - | 65059. This article shall remain in effect only until January 1, 2026, June 30, 2029, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, June 30, 2029, deletes or extends that date. |
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| 1767 | | - | |
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| 1768 | | - | |
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| 1769 | | - | |
|---|
| 1770 | | - | 65059. This article shall remain in effect only until January 1, 2026, June 30, 2029, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, June 30, 2029, deletes or extends that date. |
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| 1771 | | - | |
|---|
| 1772 | | - | SEC. 37. Section 50834.5 is added to the Health and Safety Code, to read:50834.5. (a) The department may authorize advance payments on a contract or grant awarded under this chapter, to the extent permitted under federal law, in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 1773 | | - | |
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| 1774 | | - | SEC. 37. Section 50834.5 is added to the Health and Safety Code, to read: |
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| 1775 | | - | |
|---|
| 1776 | | - | ### SEC. 37. |
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| 1777 | | - | |
|---|
| 1778 | | - | 50834.5. (a) The department may authorize advance payments on a contract or grant awarded under this chapter, to the extent permitted under federal law, in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 1779 | | - | |
|---|
| 1780 | | - | 50834.5. (a) The department may authorize advance payments on a contract or grant awarded under this chapter, to the extent permitted under federal law, in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 1781 | | - | |
|---|
| 1782 | | - | 50834.5. (a) The department may authorize advance payments on a contract or grant awarded under this chapter, to the extent permitted under federal law, in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 1783 | | - | |
|---|
| 1784 | | - | |
|---|
| 1785 | | - | |
|---|
| 1786 | | - | 50834.5. (a) The department may authorize advance payments on a contract or grant awarded under this chapter, to the extent permitted under federal law, in accordance with Section 11019.1 of the Government Code. |
|---|
| 1787 | | - | |
|---|
| 1788 | | - | (b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 1789 | | - | |
|---|
| 1790 | | - | SEC. 38. Section 50899.8 is added to the Health and Safety Code, to read:50899.8. (a) The department may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 1791 | | - | |
|---|
| 1792 | | - | SEC. 38. Section 50899.8 is added to the Health and Safety Code, to read: |
|---|
| 1793 | | - | |
|---|
| 1794 | | - | ### SEC. 38. |
|---|
| 1795 | | - | |
|---|
| 1796 | | - | 50899.8. (a) The department may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 1797 | | - | |
|---|
| 1798 | | - | 50899.8. (a) The department may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 1799 | | - | |
|---|
| 1800 | | - | 50899.8. (a) The department may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 1801 | | - | |
|---|
| 1802 | | - | |
|---|
| 1803 | | - | |
|---|
| 1804 | | - | 50899.8. (a) The department may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code. |
|---|
| 1805 | | - | |
|---|
| 1806 | | - | (b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 1807 | | - | |
|---|
| 1808 | | - | SEC. 39. Section 2673.1 of the Labor Code is amended to read:2673.1. (a) (1) To ensure that employees are paid for all hours worked, a garment manufacturer, contractor, or brand guarantor guarantor, who contracts with another person for the performance of garment manufacturing operations, shall be jointly and severally liable with any manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor, for all of the following:(A) The full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest, due to any and all employees who performed the manufacturing operations for any violation of this code.(B) The employees reasonable attorneys fees and costs pursuant to subdivision (e).(C) Civil penalties for the failure to secure valid workers compensation coverage as required by Section 3700.(2) Nothing in this section shall prevent or prohibit two or more parties, who are held jointly and severally liable under this section after a final judgment is rendered by the court, from establishing, exercising, or enforcing, by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of the other.(3) Nothing in this section shall prevent, prohibit, or limit the liability of garment manufacturers or contractors for damages and penalties owed to an employee due to violations of this section.(b) In addition to the liability imposed pursuant to subdivision (a), garment manufacturers and contractors shall be liable for the full amount of damages and penalties, including interest, due to any and all employees, for a violation of this code. Damages shall include liquidated damages in an amount equal to the wages unlawfully withheld, as set forth in Section 1194.2, and liquidated damages in an amount equal to unpaid overtime compensation due. If two or more persons are performing work at the same worksite, during the same payroll period, the liability of each person shall be limited to their proportionate share, as determined by the Labor Commissioner, pursuant to paragraph (3) or (4) of subdivision (d).(c) Employees may enforce this section solely by filing a claim with the Labor Commissioner against the contractor, the garment manufacturer, and the brand guarantor, if known, to recover unpaid wages and associated penalties. Garment manufacturers and brand guarantors whose identity or existence is unknown at the time the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (d).(d) Claims filed with the Labor Commissioner pursuant to subdivision (c) shall be subject to the following procedure:(1) Within 10 business days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall give written notice to the employee, the contractor, and the identified manufacturer and brand guarantors of the nature of the claim and the date of the meet-and-confer conference on the claim. Within 10 business days of receiving the claim, the Labor Commissioner shall issue a subpoena duces tecum requiring the contractor and any identified manufacturer and brand guarantor to submit to the Labor Commissioner those books and records as may be necessary to investigate the claim and determine the identity of any potential manufacturers and brand guarantors for the payment of the wage claim, including, but not limited to, invoices for work performed by any and all persons during the period included in the claim. Compliance with a request for books and records, within 10 days of the mailing of the notice, shall be a condition of continued registration pursuant to Section 2675. At the request of any party, the Labor Commissioner shall provide to that party copies of all books and records received by the Labor Commissioner in conducting its investigation.(2) Within 30 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall send a notice of the claim and of the meet-and-confer conference to any other person who may be a manufacturer or brand guarantor with respect to the claim.(3) Within 60 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall hold a meet-and-confer conference with the employee, the contractor, and all identified manufacturers and brand guarantors to attempt to resolve the claim. Prior to the meet-and-confer conference, the Labor Commissioner shall conduct and complete an investigation of the claim, shall make an assessment of the amount of wages, damages, penalties, expenses, and other compensation owed, and shall conduct an investigation and determine liability pursuant to subdivisions (a) and (b). At that same time, the Labor Commissioner shall also investigate and determine the proportionate liability pursuant to subdivision (b). The investigation shall include, but not be limited to, interviewing the employee and their witnesses and making an assessment of the amounts due, if any, to the employee. If an employee provides the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). An employees claim of hours worked, and wages, damages, penalties, expenses, and other compensation due, including the claim of liability of a brand guarantor or garment manufacturer upon provision by the employee of labels or other credible information about work performed for any person, shall be presumed valid and shall be the Labor Commissioners assessment, unless the brand guarantor, garment manufacturer, or contractor provides specific, compelling, and reliable written evidence to the contrary. That evidence from the brand guarantor, garment manufacturer, or contractor shall include accurate, complete, and contemporaneous records pursuant to Sections 226, 1174, and 2673, and the industrial commission wage order, including, but not limited to, itemized wage deduction statements, bona fide complete and accurate payroll records, evidence of the precise hours worked by the employee for each pay period during the period of the claim, and evidence, including a purchase order or invoice identifying the person or persons for whom garment manufacturing operations were performed. In the absence of the provision of that evidence, or the failure to timely respond to a subpoena pursuant to paragraph (1), a written declaration from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of validity of the workers claim and liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded.The Labor Commissioner shall present their assessment of the amount of wages, and each contractors or each garment manufacturers proportionate shares of damages and penalties, owed to the parties at the meet-and-confer conference and shall make a demand for payment of the amount of the assessment. If no resolution is reached, the Labor Commissioner shall, at the meet-and-confer conference, set the matter for hearing pursuant to paragraph (4).(4) The hearing shall commence within 30 days of, and shall be completed within 45 days of, the date of the meet-and-confer conference. The hearing may be bifurcated, addressing first the question of wages and other compensation owed, as well as liability of the garment manufacturers, brand guarantors, and contractors, and, immediately thereafter, the proportionate responsibility of the damages and penalties for which each contractor or garment manufacturer is liable, pursuant to subdivision (c). The Labor Commissioner shall present their findings and assessments at the hearing. Any party may present evidence at the hearing to support or rebut the proposed findings and assessments. If an employee has provided the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or provides other information or testimony that the Labor Commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer, for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). A written declaration or testimony from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. Except as provided in this paragraph, the hearing shall be held in accordance with the procedure set forth in subdivisions (b) to (h), inclusive, of Section 98. It is the intent of the Legislature that these hearings be conducted in an informal setting preserving the rights of the parties.(5) Within 15 days of the completion of the hearing, the Labor Commissioner shall issue an order, decision, or award with respect to the claim and shall file the order, decision, or award in accordance with Section 98.1.(e) If either the contractor, garment manufacturer, or brand guarantor refuses to pay the assessment, and the employee prevails at the hearing, the party that refuses to pay shall pay the employees reasonable attorneys fees and costs. If the employee rejects the assessment of the Labor Commissioner and prevails at the hearing, the contractor shall pay the employees reasonable attorneys fees and costs. The garment manufacturer and brand guarantor shall be jointly and severally liable with the contractor for the attorneys fees and costs awarded to an employee.(f) Any party shall have the right to judicial review of the order, decision, or award of the Labor Commissioner made pursuant to paragraph (5) of subdivision (d) as provided in Section 98.2. As a condition precedent to filing an appeal, the contractor, garment manufacturer, or brand guarantor, whichever appeals, shall post a bond with the Labor Commissioner in an amount equal to one and one-half times the amount of the award. No bond shall be required of an employee filing an appeal pursuant to Section 98.2. At the employees request, the Labor Commissioner shall represent the employee in the judicial review as provided in Section 98.4.(g) If the contractor, garment manufacturer, or brand guarantor appeals the order, decision, or award of the Labor Commissioner and the employee prevails on appeal, the court shall order the contractor, garment manufacturer, or brand guarantor, as the case may be, to pay the reasonable attorneys fees and costs of the employee incurred in pursuing their claim. If the employee appeals the order, decision, or award of the Labor Commissioner and the contractor, garment manufacturer, or brand guarantor prevails on appeal, the court may order the employee to pay the reasonable attorneys fees and costs of the contractor, garment manufacturer, or brand guarantor only if the court determines that the employee acted in bad faith in bringing the claim.(h) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provision of state or federal law. If a finding and assessment is not issued as specified and within the time limits in paragraph (3) of subdivision (d), the employee may bring a civil action for the recovery of unpaid wages pursuant to any other rights and remedies under any other provision of the laws of this state unless, prior to the employee bringing the civil action, the garment manufacturer or brand guarantor files a petition for writ of mandate within 10 days of the date the assessment should have been issued. If findings and assessments are not made, or a hearing is not commenced or an order, decision, or award is not issued within the time limits specified in paragraphs (4) and (5) of subdivision (d), any party may file a petition for writ of mandate to compel the Labor Commissioner to issue findings and assessments, commence the hearing, or issue the order, decision, or award. All time requirements specified in this section shall be mandatory and shall be enforceable by a writ of mandate.(i) The Labor Commissioner may enforce the joint and several liability of a garment manufacturer or brand guarantor described in this section in the same manner as a proceeding against the contractor. The Labor Commissioner may, with or without a complaint being filed by an employee, conduct an investigation as to whether all the employees of persons engaged in garment manufacturing are being paid all minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, and penalties due and, with or without the consent of the employees affected, commence a civil action to enforce joint and several liability described in this section. Prior to commencing such a civil action and pursuant to rules of practice and procedure adopted by the Labor Commissioner, the commissioner shall provide notice of the investigation to the garment manufacturer or brand guarantor and the employee, issue findings and an assessment of the amount of wages due, hold a meet-and-confer conference with the parties to attempt to resolve the matter, and provide for a hearing.(j) Except as expressly provided in this section, this section shall not be deemed to create any new right to bring a civil action of any kind for unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, penalties, attorneys fees, or costs against a brand guarantor, garment manufacturer, or contractor.(k) The payment of the wages provided in this section shall not be used as a basis for finding that the brand guarantor or registered garment manufacturer making the payment is a joint employer, coemployer, or single employer of any employees of a contractor that is also a registered garment manufacturer.(l) The Labor Commissioner may, in their discretion, revoke, deny, or suspend the registration under this part of any registrant that fails to pay, on a timely basis, any wages awarded pursuant to this section, after the award has become final. This subdivision is declaratory of existing law.(m) The Labor Commissioner may also enforce this section by issuing stop orders or citations. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) to (k), inclusive, of Section 1197.1.(n) Any statutory damages or penalties recovered or assessed in an action brought under this section shall be payable to the employee. |
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| 1809 | | - | |
|---|
| 1810 | | - | SEC. 39. Section 2673.1 of the Labor Code is amended to read: |
|---|
| 1811 | | - | |
|---|
| 1812 | | - | ### SEC. 39. |
|---|
| 1813 | | - | |
|---|
| 1814 | | - | 2673.1. (a) (1) To ensure that employees are paid for all hours worked, a garment manufacturer, contractor, or brand guarantor guarantor, who contracts with another person for the performance of garment manufacturing operations, shall be jointly and severally liable with any manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor, for all of the following:(A) The full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest, due to any and all employees who performed the manufacturing operations for any violation of this code.(B) The employees reasonable attorneys fees and costs pursuant to subdivision (e).(C) Civil penalties for the failure to secure valid workers compensation coverage as required by Section 3700.(2) Nothing in this section shall prevent or prohibit two or more parties, who are held jointly and severally liable under this section after a final judgment is rendered by the court, from establishing, exercising, or enforcing, by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of the other.(3) Nothing in this section shall prevent, prohibit, or limit the liability of garment manufacturers or contractors for damages and penalties owed to an employee due to violations of this section.(b) In addition to the liability imposed pursuant to subdivision (a), garment manufacturers and contractors shall be liable for the full amount of damages and penalties, including interest, due to any and all employees, for a violation of this code. Damages shall include liquidated damages in an amount equal to the wages unlawfully withheld, as set forth in Section 1194.2, and liquidated damages in an amount equal to unpaid overtime compensation due. If two or more persons are performing work at the same worksite, during the same payroll period, the liability of each person shall be limited to their proportionate share, as determined by the Labor Commissioner, pursuant to paragraph (3) or (4) of subdivision (d).(c) Employees may enforce this section solely by filing a claim with the Labor Commissioner against the contractor, the garment manufacturer, and the brand guarantor, if known, to recover unpaid wages and associated penalties. Garment manufacturers and brand guarantors whose identity or existence is unknown at the time the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (d).(d) Claims filed with the Labor Commissioner pursuant to subdivision (c) shall be subject to the following procedure:(1) Within 10 business days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall give written notice to the employee, the contractor, and the identified manufacturer and brand guarantors of the nature of the claim and the date of the meet-and-confer conference on the claim. Within 10 business days of receiving the claim, the Labor Commissioner shall issue a subpoena duces tecum requiring the contractor and any identified manufacturer and brand guarantor to submit to the Labor Commissioner those books and records as may be necessary to investigate the claim and determine the identity of any potential manufacturers and brand guarantors for the payment of the wage claim, including, but not limited to, invoices for work performed by any and all persons during the period included in the claim. Compliance with a request for books and records, within 10 days of the mailing of the notice, shall be a condition of continued registration pursuant to Section 2675. At the request of any party, the Labor Commissioner shall provide to that party copies of all books and records received by the Labor Commissioner in conducting its investigation.(2) Within 30 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall send a notice of the claim and of the meet-and-confer conference to any other person who may be a manufacturer or brand guarantor with respect to the claim.(3) Within 60 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall hold a meet-and-confer conference with the employee, the contractor, and all identified manufacturers and brand guarantors to attempt to resolve the claim. Prior to the meet-and-confer conference, the Labor Commissioner shall conduct and complete an investigation of the claim, shall make an assessment of the amount of wages, damages, penalties, expenses, and other compensation owed, and shall conduct an investigation and determine liability pursuant to subdivisions (a) and (b). At that same time, the Labor Commissioner shall also investigate and determine the proportionate liability pursuant to subdivision (b). The investigation shall include, but not be limited to, interviewing the employee and their witnesses and making an assessment of the amounts due, if any, to the employee. If an employee provides the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). An employees claim of hours worked, and wages, damages, penalties, expenses, and other compensation due, including the claim of liability of a brand guarantor or garment manufacturer upon provision by the employee of labels or other credible information about work performed for any person, shall be presumed valid and shall be the Labor Commissioners assessment, unless the brand guarantor, garment manufacturer, or contractor provides specific, compelling, and reliable written evidence to the contrary. That evidence from the brand guarantor, garment manufacturer, or contractor shall include accurate, complete, and contemporaneous records pursuant to Sections 226, 1174, and 2673, and the industrial commission wage order, including, but not limited to, itemized wage deduction statements, bona fide complete and accurate payroll records, evidence of the precise hours worked by the employee for each pay period during the period of the claim, and evidence, including a purchase order or invoice identifying the person or persons for whom garment manufacturing operations were performed. In the absence of the provision of that evidence, or the failure to timely respond to a subpoena pursuant to paragraph (1), a written declaration from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of validity of the workers claim and liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded.The Labor Commissioner shall present their assessment of the amount of wages, and each contractors or each garment manufacturers proportionate shares of damages and penalties, owed to the parties at the meet-and-confer conference and shall make a demand for payment of the amount of the assessment. If no resolution is reached, the Labor Commissioner shall, at the meet-and-confer conference, set the matter for hearing pursuant to paragraph (4).(4) The hearing shall commence within 30 days of, and shall be completed within 45 days of, the date of the meet-and-confer conference. The hearing may be bifurcated, addressing first the question of wages and other compensation owed, as well as liability of the garment manufacturers, brand guarantors, and contractors, and, immediately thereafter, the proportionate responsibility of the damages and penalties for which each contractor or garment manufacturer is liable, pursuant to subdivision (c). The Labor Commissioner shall present their findings and assessments at the hearing. Any party may present evidence at the hearing to support or rebut the proposed findings and assessments. If an employee has provided the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or provides other information or testimony that the Labor Commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer, for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). A written declaration or testimony from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. Except as provided in this paragraph, the hearing shall be held in accordance with the procedure set forth in subdivisions (b) to (h), inclusive, of Section 98. It is the intent of the Legislature that these hearings be conducted in an informal setting preserving the rights of the parties.(5) Within 15 days of the completion of the hearing, the Labor Commissioner shall issue an order, decision, or award with respect to the claim and shall file the order, decision, or award in accordance with Section 98.1.(e) If either the contractor, garment manufacturer, or brand guarantor refuses to pay the assessment, and the employee prevails at the hearing, the party that refuses to pay shall pay the employees reasonable attorneys fees and costs. If the employee rejects the assessment of the Labor Commissioner and prevails at the hearing, the contractor shall pay the employees reasonable attorneys fees and costs. The garment manufacturer and brand guarantor shall be jointly and severally liable with the contractor for the attorneys fees and costs awarded to an employee.(f) Any party shall have the right to judicial review of the order, decision, or award of the Labor Commissioner made pursuant to paragraph (5) of subdivision (d) as provided in Section 98.2. As a condition precedent to filing an appeal, the contractor, garment manufacturer, or brand guarantor, whichever appeals, shall post a bond with the Labor Commissioner in an amount equal to one and one-half times the amount of the award. No bond shall be required of an employee filing an appeal pursuant to Section 98.2. At the employees request, the Labor Commissioner shall represent the employee in the judicial review as provided in Section 98.4.(g) If the contractor, garment manufacturer, or brand guarantor appeals the order, decision, or award of the Labor Commissioner and the employee prevails on appeal, the court shall order the contractor, garment manufacturer, or brand guarantor, as the case may be, to pay the reasonable attorneys fees and costs of the employee incurred in pursuing their claim. If the employee appeals the order, decision, or award of the Labor Commissioner and the contractor, garment manufacturer, or brand guarantor prevails on appeal, the court may order the employee to pay the reasonable attorneys fees and costs of the contractor, garment manufacturer, or brand guarantor only if the court determines that the employee acted in bad faith in bringing the claim.(h) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provision of state or federal law. If a finding and assessment is not issued as specified and within the time limits in paragraph (3) of subdivision (d), the employee may bring a civil action for the recovery of unpaid wages pursuant to any other rights and remedies under any other provision of the laws of this state unless, prior to the employee bringing the civil action, the garment manufacturer or brand guarantor files a petition for writ of mandate within 10 days of the date the assessment should have been issued. If findings and assessments are not made, or a hearing is not commenced or an order, decision, or award is not issued within the time limits specified in paragraphs (4) and (5) of subdivision (d), any party may file a petition for writ of mandate to compel the Labor Commissioner to issue findings and assessments, commence the hearing, or issue the order, decision, or award. All time requirements specified in this section shall be mandatory and shall be enforceable by a writ of mandate.(i) The Labor Commissioner may enforce the joint and several liability of a garment manufacturer or brand guarantor described in this section in the same manner as a proceeding against the contractor. The Labor Commissioner may, with or without a complaint being filed by an employee, conduct an investigation as to whether all the employees of persons engaged in garment manufacturing are being paid all minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, and penalties due and, with or without the consent of the employees affected, commence a civil action to enforce joint and several liability described in this section. Prior to commencing such a civil action and pursuant to rules of practice and procedure adopted by the Labor Commissioner, the commissioner shall provide notice of the investigation to the garment manufacturer or brand guarantor and the employee, issue findings and an assessment of the amount of wages due, hold a meet-and-confer conference with the parties to attempt to resolve the matter, and provide for a hearing.(j) Except as expressly provided in this section, this section shall not be deemed to create any new right to bring a civil action of any kind for unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, penalties, attorneys fees, or costs against a brand guarantor, garment manufacturer, or contractor.(k) The payment of the wages provided in this section shall not be used as a basis for finding that the brand guarantor or registered garment manufacturer making the payment is a joint employer, coemployer, or single employer of any employees of a contractor that is also a registered garment manufacturer.(l) The Labor Commissioner may, in their discretion, revoke, deny, or suspend the registration under this part of any registrant that fails to pay, on a timely basis, any wages awarded pursuant to this section, after the award has become final. This subdivision is declaratory of existing law.(m) The Labor Commissioner may also enforce this section by issuing stop orders or citations. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) to (k), inclusive, of Section 1197.1.(n) Any statutory damages or penalties recovered or assessed in an action brought under this section shall be payable to the employee. |
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| 1815 | | - | |
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| 1816 | | - | 2673.1. (a) (1) To ensure that employees are paid for all hours worked, a garment manufacturer, contractor, or brand guarantor guarantor, who contracts with another person for the performance of garment manufacturing operations, shall be jointly and severally liable with any manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor, for all of the following:(A) The full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest, due to any and all employees who performed the manufacturing operations for any violation of this code.(B) The employees reasonable attorneys fees and costs pursuant to subdivision (e).(C) Civil penalties for the failure to secure valid workers compensation coverage as required by Section 3700.(2) Nothing in this section shall prevent or prohibit two or more parties, who are held jointly and severally liable under this section after a final judgment is rendered by the court, from establishing, exercising, or enforcing, by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of the other.(3) Nothing in this section shall prevent, prohibit, or limit the liability of garment manufacturers or contractors for damages and penalties owed to an employee due to violations of this section.(b) In addition to the liability imposed pursuant to subdivision (a), garment manufacturers and contractors shall be liable for the full amount of damages and penalties, including interest, due to any and all employees, for a violation of this code. Damages shall include liquidated damages in an amount equal to the wages unlawfully withheld, as set forth in Section 1194.2, and liquidated damages in an amount equal to unpaid overtime compensation due. If two or more persons are performing work at the same worksite, during the same payroll period, the liability of each person shall be limited to their proportionate share, as determined by the Labor Commissioner, pursuant to paragraph (3) or (4) of subdivision (d).(c) Employees may enforce this section solely by filing a claim with the Labor Commissioner against the contractor, the garment manufacturer, and the brand guarantor, if known, to recover unpaid wages and associated penalties. Garment manufacturers and brand guarantors whose identity or existence is unknown at the time the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (d).(d) Claims filed with the Labor Commissioner pursuant to subdivision (c) shall be subject to the following procedure:(1) Within 10 business days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall give written notice to the employee, the contractor, and the identified manufacturer and brand guarantors of the nature of the claim and the date of the meet-and-confer conference on the claim. Within 10 business days of receiving the claim, the Labor Commissioner shall issue a subpoena duces tecum requiring the contractor and any identified manufacturer and brand guarantor to submit to the Labor Commissioner those books and records as may be necessary to investigate the claim and determine the identity of any potential manufacturers and brand guarantors for the payment of the wage claim, including, but not limited to, invoices for work performed by any and all persons during the period included in the claim. Compliance with a request for books and records, within 10 days of the mailing of the notice, shall be a condition of continued registration pursuant to Section 2675. At the request of any party, the Labor Commissioner shall provide to that party copies of all books and records received by the Labor Commissioner in conducting its investigation.(2) Within 30 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall send a notice of the claim and of the meet-and-confer conference to any other person who may be a manufacturer or brand guarantor with respect to the claim.(3) Within 60 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall hold a meet-and-confer conference with the employee, the contractor, and all identified manufacturers and brand guarantors to attempt to resolve the claim. Prior to the meet-and-confer conference, the Labor Commissioner shall conduct and complete an investigation of the claim, shall make an assessment of the amount of wages, damages, penalties, expenses, and other compensation owed, and shall conduct an investigation and determine liability pursuant to subdivisions (a) and (b). At that same time, the Labor Commissioner shall also investigate and determine the proportionate liability pursuant to subdivision (b). The investigation shall include, but not be limited to, interviewing the employee and their witnesses and making an assessment of the amounts due, if any, to the employee. If an employee provides the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). An employees claim of hours worked, and wages, damages, penalties, expenses, and other compensation due, including the claim of liability of a brand guarantor or garment manufacturer upon provision by the employee of labels or other credible information about work performed for any person, shall be presumed valid and shall be the Labor Commissioners assessment, unless the brand guarantor, garment manufacturer, or contractor provides specific, compelling, and reliable written evidence to the contrary. That evidence from the brand guarantor, garment manufacturer, or contractor shall include accurate, complete, and contemporaneous records pursuant to Sections 226, 1174, and 2673, and the industrial commission wage order, including, but not limited to, itemized wage deduction statements, bona fide complete and accurate payroll records, evidence of the precise hours worked by the employee for each pay period during the period of the claim, and evidence, including a purchase order or invoice identifying the person or persons for whom garment manufacturing operations were performed. In the absence of the provision of that evidence, or the failure to timely respond to a subpoena pursuant to paragraph (1), a written declaration from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of validity of the workers claim and liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded.The Labor Commissioner shall present their assessment of the amount of wages, and each contractors or each garment manufacturers proportionate shares of damages and penalties, owed to the parties at the meet-and-confer conference and shall make a demand for payment of the amount of the assessment. If no resolution is reached, the Labor Commissioner shall, at the meet-and-confer conference, set the matter for hearing pursuant to paragraph (4).(4) The hearing shall commence within 30 days of, and shall be completed within 45 days of, the date of the meet-and-confer conference. The hearing may be bifurcated, addressing first the question of wages and other compensation owed, as well as liability of the garment manufacturers, brand guarantors, and contractors, and, immediately thereafter, the proportionate responsibility of the damages and penalties for which each contractor or garment manufacturer is liable, pursuant to subdivision (c). The Labor Commissioner shall present their findings and assessments at the hearing. Any party may present evidence at the hearing to support or rebut the proposed findings and assessments. If an employee has provided the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or provides other information or testimony that the Labor Commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer, for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). A written declaration or testimony from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. Except as provided in this paragraph, the hearing shall be held in accordance with the procedure set forth in subdivisions (b) to (h), inclusive, of Section 98. It is the intent of the Legislature that these hearings be conducted in an informal setting preserving the rights of the parties.(5) Within 15 days of the completion of the hearing, the Labor Commissioner shall issue an order, decision, or award with respect to the claim and shall file the order, decision, or award in accordance with Section 98.1.(e) If either the contractor, garment manufacturer, or brand guarantor refuses to pay the assessment, and the employee prevails at the hearing, the party that refuses to pay shall pay the employees reasonable attorneys fees and costs. If the employee rejects the assessment of the Labor Commissioner and prevails at the hearing, the contractor shall pay the employees reasonable attorneys fees and costs. The garment manufacturer and brand guarantor shall be jointly and severally liable with the contractor for the attorneys fees and costs awarded to an employee.(f) Any party shall have the right to judicial review of the order, decision, or award of the Labor Commissioner made pursuant to paragraph (5) of subdivision (d) as provided in Section 98.2. As a condition precedent to filing an appeal, the contractor, garment manufacturer, or brand guarantor, whichever appeals, shall post a bond with the Labor Commissioner in an amount equal to one and one-half times the amount of the award. No bond shall be required of an employee filing an appeal pursuant to Section 98.2. At the employees request, the Labor Commissioner shall represent the employee in the judicial review as provided in Section 98.4.(g) If the contractor, garment manufacturer, or brand guarantor appeals the order, decision, or award of the Labor Commissioner and the employee prevails on appeal, the court shall order the contractor, garment manufacturer, or brand guarantor, as the case may be, to pay the reasonable attorneys fees and costs of the employee incurred in pursuing their claim. If the employee appeals the order, decision, or award of the Labor Commissioner and the contractor, garment manufacturer, or brand guarantor prevails on appeal, the court may order the employee to pay the reasonable attorneys fees and costs of the contractor, garment manufacturer, or brand guarantor only if the court determines that the employee acted in bad faith in bringing the claim.(h) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provision of state or federal law. If a finding and assessment is not issued as specified and within the time limits in paragraph (3) of subdivision (d), the employee may bring a civil action for the recovery of unpaid wages pursuant to any other rights and remedies under any other provision of the laws of this state unless, prior to the employee bringing the civil action, the garment manufacturer or brand guarantor files a petition for writ of mandate within 10 days of the date the assessment should have been issued. If findings and assessments are not made, or a hearing is not commenced or an order, decision, or award is not issued within the time limits specified in paragraphs (4) and (5) of subdivision (d), any party may file a petition for writ of mandate to compel the Labor Commissioner to issue findings and assessments, commence the hearing, or issue the order, decision, or award. All time requirements specified in this section shall be mandatory and shall be enforceable by a writ of mandate.(i) The Labor Commissioner may enforce the joint and several liability of a garment manufacturer or brand guarantor described in this section in the same manner as a proceeding against the contractor. The Labor Commissioner may, with or without a complaint being filed by an employee, conduct an investigation as to whether all the employees of persons engaged in garment manufacturing are being paid all minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, and penalties due and, with or without the consent of the employees affected, commence a civil action to enforce joint and several liability described in this section. Prior to commencing such a civil action and pursuant to rules of practice and procedure adopted by the Labor Commissioner, the commissioner shall provide notice of the investigation to the garment manufacturer or brand guarantor and the employee, issue findings and an assessment of the amount of wages due, hold a meet-and-confer conference with the parties to attempt to resolve the matter, and provide for a hearing.(j) Except as expressly provided in this section, this section shall not be deemed to create any new right to bring a civil action of any kind for unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, penalties, attorneys fees, or costs against a brand guarantor, garment manufacturer, or contractor.(k) The payment of the wages provided in this section shall not be used as a basis for finding that the brand guarantor or registered garment manufacturer making the payment is a joint employer, coemployer, or single employer of any employees of a contractor that is also a registered garment manufacturer.(l) The Labor Commissioner may, in their discretion, revoke, deny, or suspend the registration under this part of any registrant that fails to pay, on a timely basis, any wages awarded pursuant to this section, after the award has become final. This subdivision is declaratory of existing law.(m) The Labor Commissioner may also enforce this section by issuing stop orders or citations. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) to (k), inclusive, of Section 1197.1.(n) Any statutory damages or penalties recovered or assessed in an action brought under this section shall be payable to the employee. |
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| 1817 | | - | |
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| 1818 | | - | 2673.1. (a) (1) To ensure that employees are paid for all hours worked, a garment manufacturer, contractor, or brand guarantor guarantor, who contracts with another person for the performance of garment manufacturing operations, shall be jointly and severally liable with any manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor, for all of the following:(A) The full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest, due to any and all employees who performed the manufacturing operations for any violation of this code.(B) The employees reasonable attorneys fees and costs pursuant to subdivision (e).(C) Civil penalties for the failure to secure valid workers compensation coverage as required by Section 3700.(2) Nothing in this section shall prevent or prohibit two or more parties, who are held jointly and severally liable under this section after a final judgment is rendered by the court, from establishing, exercising, or enforcing, by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of the other.(3) Nothing in this section shall prevent, prohibit, or limit the liability of garment manufacturers or contractors for damages and penalties owed to an employee due to violations of this section.(b) In addition to the liability imposed pursuant to subdivision (a), garment manufacturers and contractors shall be liable for the full amount of damages and penalties, including interest, due to any and all employees, for a violation of this code. Damages shall include liquidated damages in an amount equal to the wages unlawfully withheld, as set forth in Section 1194.2, and liquidated damages in an amount equal to unpaid overtime compensation due. If two or more persons are performing work at the same worksite, during the same payroll period, the liability of each person shall be limited to their proportionate share, as determined by the Labor Commissioner, pursuant to paragraph (3) or (4) of subdivision (d).(c) Employees may enforce this section solely by filing a claim with the Labor Commissioner against the contractor, the garment manufacturer, and the brand guarantor, if known, to recover unpaid wages and associated penalties. Garment manufacturers and brand guarantors whose identity or existence is unknown at the time the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (d).(d) Claims filed with the Labor Commissioner pursuant to subdivision (c) shall be subject to the following procedure:(1) Within 10 business days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall give written notice to the employee, the contractor, and the identified manufacturer and brand guarantors of the nature of the claim and the date of the meet-and-confer conference on the claim. Within 10 business days of receiving the claim, the Labor Commissioner shall issue a subpoena duces tecum requiring the contractor and any identified manufacturer and brand guarantor to submit to the Labor Commissioner those books and records as may be necessary to investigate the claim and determine the identity of any potential manufacturers and brand guarantors for the payment of the wage claim, including, but not limited to, invoices for work performed by any and all persons during the period included in the claim. Compliance with a request for books and records, within 10 days of the mailing of the notice, shall be a condition of continued registration pursuant to Section 2675. At the request of any party, the Labor Commissioner shall provide to that party copies of all books and records received by the Labor Commissioner in conducting its investigation.(2) Within 30 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall send a notice of the claim and of the meet-and-confer conference to any other person who may be a manufacturer or brand guarantor with respect to the claim.(3) Within 60 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall hold a meet-and-confer conference with the employee, the contractor, and all identified manufacturers and brand guarantors to attempt to resolve the claim. Prior to the meet-and-confer conference, the Labor Commissioner shall conduct and complete an investigation of the claim, shall make an assessment of the amount of wages, damages, penalties, expenses, and other compensation owed, and shall conduct an investigation and determine liability pursuant to subdivisions (a) and (b). At that same time, the Labor Commissioner shall also investigate and determine the proportionate liability pursuant to subdivision (b). The investigation shall include, but not be limited to, interviewing the employee and their witnesses and making an assessment of the amounts due, if any, to the employee. If an employee provides the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). An employees claim of hours worked, and wages, damages, penalties, expenses, and other compensation due, including the claim of liability of a brand guarantor or garment manufacturer upon provision by the employee of labels or other credible information about work performed for any person, shall be presumed valid and shall be the Labor Commissioners assessment, unless the brand guarantor, garment manufacturer, or contractor provides specific, compelling, and reliable written evidence to the contrary. That evidence from the brand guarantor, garment manufacturer, or contractor shall include accurate, complete, and contemporaneous records pursuant to Sections 226, 1174, and 2673, and the industrial commission wage order, including, but not limited to, itemized wage deduction statements, bona fide complete and accurate payroll records, evidence of the precise hours worked by the employee for each pay period during the period of the claim, and evidence, including a purchase order or invoice identifying the person or persons for whom garment manufacturing operations were performed. In the absence of the provision of that evidence, or the failure to timely respond to a subpoena pursuant to paragraph (1), a written declaration from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of validity of the workers claim and liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded.The Labor Commissioner shall present their assessment of the amount of wages, and each contractors or each garment manufacturers proportionate shares of damages and penalties, owed to the parties at the meet-and-confer conference and shall make a demand for payment of the amount of the assessment. If no resolution is reached, the Labor Commissioner shall, at the meet-and-confer conference, set the matter for hearing pursuant to paragraph (4).(4) The hearing shall commence within 30 days of, and shall be completed within 45 days of, the date of the meet-and-confer conference. The hearing may be bifurcated, addressing first the question of wages and other compensation owed, as well as liability of the garment manufacturers, brand guarantors, and contractors, and, immediately thereafter, the proportionate responsibility of the damages and penalties for which each contractor or garment manufacturer is liable, pursuant to subdivision (c). The Labor Commissioner shall present their findings and assessments at the hearing. Any party may present evidence at the hearing to support or rebut the proposed findings and assessments. If an employee has provided the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or provides other information or testimony that the Labor Commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer, for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). A written declaration or testimony from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. Except as provided in this paragraph, the hearing shall be held in accordance with the procedure set forth in subdivisions (b) to (h), inclusive, of Section 98. It is the intent of the Legislature that these hearings be conducted in an informal setting preserving the rights of the parties.(5) Within 15 days of the completion of the hearing, the Labor Commissioner shall issue an order, decision, or award with respect to the claim and shall file the order, decision, or award in accordance with Section 98.1.(e) If either the contractor, garment manufacturer, or brand guarantor refuses to pay the assessment, and the employee prevails at the hearing, the party that refuses to pay shall pay the employees reasonable attorneys fees and costs. If the employee rejects the assessment of the Labor Commissioner and prevails at the hearing, the contractor shall pay the employees reasonable attorneys fees and costs. The garment manufacturer and brand guarantor shall be jointly and severally liable with the contractor for the attorneys fees and costs awarded to an employee.(f) Any party shall have the right to judicial review of the order, decision, or award of the Labor Commissioner made pursuant to paragraph (5) of subdivision (d) as provided in Section 98.2. As a condition precedent to filing an appeal, the contractor, garment manufacturer, or brand guarantor, whichever appeals, shall post a bond with the Labor Commissioner in an amount equal to one and one-half times the amount of the award. No bond shall be required of an employee filing an appeal pursuant to Section 98.2. At the employees request, the Labor Commissioner shall represent the employee in the judicial review as provided in Section 98.4.(g) If the contractor, garment manufacturer, or brand guarantor appeals the order, decision, or award of the Labor Commissioner and the employee prevails on appeal, the court shall order the contractor, garment manufacturer, or brand guarantor, as the case may be, to pay the reasonable attorneys fees and costs of the employee incurred in pursuing their claim. If the employee appeals the order, decision, or award of the Labor Commissioner and the contractor, garment manufacturer, or brand guarantor prevails on appeal, the court may order the employee to pay the reasonable attorneys fees and costs of the contractor, garment manufacturer, or brand guarantor only if the court determines that the employee acted in bad faith in bringing the claim.(h) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provision of state or federal law. If a finding and assessment is not issued as specified and within the time limits in paragraph (3) of subdivision (d), the employee may bring a civil action for the recovery of unpaid wages pursuant to any other rights and remedies under any other provision of the laws of this state unless, prior to the employee bringing the civil action, the garment manufacturer or brand guarantor files a petition for writ of mandate within 10 days of the date the assessment should have been issued. If findings and assessments are not made, or a hearing is not commenced or an order, decision, or award is not issued within the time limits specified in paragraphs (4) and (5) of subdivision (d), any party may file a petition for writ of mandate to compel the Labor Commissioner to issue findings and assessments, commence the hearing, or issue the order, decision, or award. All time requirements specified in this section shall be mandatory and shall be enforceable by a writ of mandate.(i) The Labor Commissioner may enforce the joint and several liability of a garment manufacturer or brand guarantor described in this section in the same manner as a proceeding against the contractor. The Labor Commissioner may, with or without a complaint being filed by an employee, conduct an investigation as to whether all the employees of persons engaged in garment manufacturing are being paid all minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, and penalties due and, with or without the consent of the employees affected, commence a civil action to enforce joint and several liability described in this section. Prior to commencing such a civil action and pursuant to rules of practice and procedure adopted by the Labor Commissioner, the commissioner shall provide notice of the investigation to the garment manufacturer or brand guarantor and the employee, issue findings and an assessment of the amount of wages due, hold a meet-and-confer conference with the parties to attempt to resolve the matter, and provide for a hearing.(j) Except as expressly provided in this section, this section shall not be deemed to create any new right to bring a civil action of any kind for unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, penalties, attorneys fees, or costs against a brand guarantor, garment manufacturer, or contractor.(k) The payment of the wages provided in this section shall not be used as a basis for finding that the brand guarantor or registered garment manufacturer making the payment is a joint employer, coemployer, or single employer of any employees of a contractor that is also a registered garment manufacturer.(l) The Labor Commissioner may, in their discretion, revoke, deny, or suspend the registration under this part of any registrant that fails to pay, on a timely basis, any wages awarded pursuant to this section, after the award has become final. This subdivision is declaratory of existing law.(m) The Labor Commissioner may also enforce this section by issuing stop orders or citations. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) to (k), inclusive, of Section 1197.1.(n) Any statutory damages or penalties recovered or assessed in an action brought under this section shall be payable to the employee. |
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| 1819 | | - | |
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| 1820 | | - | |
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| 1821 | | - | |
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| 1822 | | - | 2673.1. (a) (1) To ensure that employees are paid for all hours worked, a garment manufacturer, contractor, or brand guarantor guarantor, who contracts with another person for the performance of garment manufacturing operations, shall be jointly and severally liable with any manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor, for all of the following: |
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| 1823 | | - | |
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| 1824 | | - | (A) The full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest, due to any and all employees who performed the manufacturing operations for any violation of this code. |
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| 1825 | | - | |
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| 1826 | | - | (B) The employees reasonable attorneys fees and costs pursuant to subdivision (e). |
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| 1827 | | - | |
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| 1828 | | - | (C) Civil penalties for the failure to secure valid workers compensation coverage as required by Section 3700. |
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| 1829 | | - | |
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| 1830 | | - | (2) Nothing in this section shall prevent or prohibit two or more parties, who are held jointly and severally liable under this section after a final judgment is rendered by the court, from establishing, exercising, or enforcing, by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of the other. |
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| 1831 | | - | |
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| 1832 | | - | (3) Nothing in this section shall prevent, prohibit, or limit the liability of garment manufacturers or contractors for damages and penalties owed to an employee due to violations of this section. |
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| 1833 | | - | |
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| 1834 | | - | (b) In addition to the liability imposed pursuant to subdivision (a), garment manufacturers and contractors shall be liable for the full amount of damages and penalties, including interest, due to any and all employees, for a violation of this code. Damages shall include liquidated damages in an amount equal to the wages unlawfully withheld, as set forth in Section 1194.2, and liquidated damages in an amount equal to unpaid overtime compensation due. If two or more persons are performing work at the same worksite, during the same payroll period, the liability of each person shall be limited to their proportionate share, as determined by the Labor Commissioner, pursuant to paragraph (3) or (4) of subdivision (d). |
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| 1835 | | - | |
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| 1836 | | - | (c) Employees may enforce this section solely by filing a claim with the Labor Commissioner against the contractor, the garment manufacturer, and the brand guarantor, if known, to recover unpaid wages and associated penalties. Garment manufacturers and brand guarantors whose identity or existence is unknown at the time the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (d). |
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| 1837 | | - | |
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| 1838 | | - | (d) Claims filed with the Labor Commissioner pursuant to subdivision (c) shall be subject to the following procedure: |
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| 1839 | | - | |
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| 1840 | | - | (1) Within 10 business days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall give written notice to the employee, the contractor, and the identified manufacturer and brand guarantors of the nature of the claim and the date of the meet-and-confer conference on the claim. Within 10 business days of receiving the claim, the Labor Commissioner shall issue a subpoena duces tecum requiring the contractor and any identified manufacturer and brand guarantor to submit to the Labor Commissioner those books and records as may be necessary to investigate the claim and determine the identity of any potential manufacturers and brand guarantors for the payment of the wage claim, including, but not limited to, invoices for work performed by any and all persons during the period included in the claim. Compliance with a request for books and records, within 10 days of the mailing of the notice, shall be a condition of continued registration pursuant to Section 2675. At the request of any party, the Labor Commissioner shall provide to that party copies of all books and records received by the Labor Commissioner in conducting its investigation. |
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| 1841 | | - | |
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| 1842 | | - | (2) Within 30 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall send a notice of the claim and of the meet-and-confer conference to any other person who may be a manufacturer or brand guarantor with respect to the claim. |
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| 1843 | | - | |
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| 1844 | | - | (3) Within 60 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall hold a meet-and-confer conference with the employee, the contractor, and all identified manufacturers and brand guarantors to attempt to resolve the claim. Prior to the meet-and-confer conference, the Labor Commissioner shall conduct and complete an investigation of the claim, shall make an assessment of the amount of wages, damages, penalties, expenses, and other compensation owed, and shall conduct an investigation and determine liability pursuant to subdivisions (a) and (b). At that same time, the Labor Commissioner shall also investigate and determine the proportionate liability pursuant to subdivision (b). The investigation shall include, but not be limited to, interviewing the employee and their witnesses and making an assessment of the amounts due, if any, to the employee. If an employee provides the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). An employees claim of hours worked, and wages, damages, penalties, expenses, and other compensation due, including the claim of liability of a brand guarantor or garment manufacturer upon provision by the employee of labels or other credible information about work performed for any person, shall be presumed valid and shall be the Labor Commissioners assessment, unless the brand guarantor, garment manufacturer, or contractor provides specific, compelling, and reliable written evidence to the contrary. That evidence from the brand guarantor, garment manufacturer, or contractor shall include accurate, complete, and contemporaneous records pursuant to Sections 226, 1174, and 2673, and the industrial commission wage order, including, but not limited to, itemized wage deduction statements, bona fide complete and accurate payroll records, evidence of the precise hours worked by the employee for each pay period during the period of the claim, and evidence, including a purchase order or invoice identifying the person or persons for whom garment manufacturing operations were performed. In the absence of the provision of that evidence, or the failure to timely respond to a subpoena pursuant to paragraph (1), a written declaration from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of validity of the workers claim and liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. |
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| 1845 | | - | |
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| 1846 | | - | The Labor Commissioner shall present their assessment of the amount of wages, and each contractors or each garment manufacturers proportionate shares of damages and penalties, owed to the parties at the meet-and-confer conference and shall make a demand for payment of the amount of the assessment. If no resolution is reached, the Labor Commissioner shall, at the meet-and-confer conference, set the matter for hearing pursuant to paragraph (4). |
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| 1847 | | - | |
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| 1848 | | - | (4) The hearing shall commence within 30 days of, and shall be completed within 45 days of, the date of the meet-and-confer conference. The hearing may be bifurcated, addressing first the question of wages and other compensation owed, as well as liability of the garment manufacturers, brand guarantors, and contractors, and, immediately thereafter, the proportionate responsibility of the damages and penalties for which each contractor or garment manufacturer is liable, pursuant to subdivision (c). The Labor Commissioner shall present their findings and assessments at the hearing. Any party may present evidence at the hearing to support or rebut the proposed findings and assessments. If an employee has provided the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or provides other information or testimony that the Labor Commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer, for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). A written declaration or testimony from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. Except as provided in this paragraph, the hearing shall be held in accordance with the procedure set forth in subdivisions (b) to (h), inclusive, of Section 98. It is the intent of the Legislature that these hearings be conducted in an informal setting preserving the rights of the parties. |
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| 1849 | | - | |
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| 1850 | | - | (5) Within 15 days of the completion of the hearing, the Labor Commissioner shall issue an order, decision, or award with respect to the claim and shall file the order, decision, or award in accordance with Section 98.1. |
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| 1851 | | - | |
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| 1852 | | - | (e) If either the contractor, garment manufacturer, or brand guarantor refuses to pay the assessment, and the employee prevails at the hearing, the party that refuses to pay shall pay the employees reasonable attorneys fees and costs. If the employee rejects the assessment of the Labor Commissioner and prevails at the hearing, the contractor shall pay the employees reasonable attorneys fees and costs. The garment manufacturer and brand guarantor shall be jointly and severally liable with the contractor for the attorneys fees and costs awarded to an employee. |
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| 1853 | | - | |
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| 1854 | | - | (f) Any party shall have the right to judicial review of the order, decision, or award of the Labor Commissioner made pursuant to paragraph (5) of subdivision (d) as provided in Section 98.2. As a condition precedent to filing an appeal, the contractor, garment manufacturer, or brand guarantor, whichever appeals, shall post a bond with the Labor Commissioner in an amount equal to one and one-half times the amount of the award. No bond shall be required of an employee filing an appeal pursuant to Section 98.2. At the employees request, the Labor Commissioner shall represent the employee in the judicial review as provided in Section 98.4. |
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| 1855 | | - | |
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| 1856 | | - | (g) If the contractor, garment manufacturer, or brand guarantor appeals the order, decision, or award of the Labor Commissioner and the employee prevails on appeal, the court shall order the contractor, garment manufacturer, or brand guarantor, as the case may be, to pay the reasonable attorneys fees and costs of the employee incurred in pursuing their claim. If the employee appeals the order, decision, or award of the Labor Commissioner and the contractor, garment manufacturer, or brand guarantor prevails on appeal, the court may order the employee to pay the reasonable attorneys fees and costs of the contractor, garment manufacturer, or brand guarantor only if the court determines that the employee acted in bad faith in bringing the claim. |
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| 1857 | | - | |
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| 1858 | | - | (h) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provision of state or federal law. If a finding and assessment is not issued as specified and within the time limits in paragraph (3) of subdivision (d), the employee may bring a civil action for the recovery of unpaid wages pursuant to any other rights and remedies under any other provision of the laws of this state unless, prior to the employee bringing the civil action, the garment manufacturer or brand guarantor files a petition for writ of mandate within 10 days of the date the assessment should have been issued. If findings and assessments are not made, or a hearing is not commenced or an order, decision, or award is not issued within the time limits specified in paragraphs (4) and (5) of subdivision (d), any party may file a petition for writ of mandate to compel the Labor Commissioner to issue findings and assessments, commence the hearing, or issue the order, decision, or award. All time requirements specified in this section shall be mandatory and shall be enforceable by a writ of mandate. |
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| 1859 | | - | |
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| 1860 | | - | (i) The Labor Commissioner may enforce the joint and several liability of a garment manufacturer or brand guarantor described in this section in the same manner as a proceeding against the contractor. The Labor Commissioner may, with or without a complaint being filed by an employee, conduct an investigation as to whether all the employees of persons engaged in garment manufacturing are being paid all minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, and penalties due and, with or without the consent of the employees affected, commence a civil action to enforce joint and several liability described in this section. Prior to commencing such a civil action and pursuant to rules of practice and procedure adopted by the Labor Commissioner, the commissioner shall provide notice of the investigation to the garment manufacturer or brand guarantor and the employee, issue findings and an assessment of the amount of wages due, hold a meet-and-confer conference with the parties to attempt to resolve the matter, and provide for a hearing. |
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| 1861 | | - | |
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| 1862 | | - | (j) Except as expressly provided in this section, this section shall not be deemed to create any new right to bring a civil action of any kind for unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, penalties, attorneys fees, or costs against a brand guarantor, garment manufacturer, or contractor. |
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| 1863 | | - | |
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| 1864 | | - | (k) The payment of the wages provided in this section shall not be used as a basis for finding that the brand guarantor or registered garment manufacturer making the payment is a joint employer, coemployer, or single employer of any employees of a contractor that is also a registered garment manufacturer. |
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| 1865 | | - | |
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| 1866 | | - | (l) The Labor Commissioner may, in their discretion, revoke, deny, or suspend the registration under this part of any registrant that fails to pay, on a timely basis, any wages awarded pursuant to this section, after the award has become final. This subdivision is declaratory of existing law. |
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| 1867 | | - | |
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| 1868 | | - | (m) The Labor Commissioner may also enforce this section by issuing stop orders or citations. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) to (k), inclusive, of Section 1197.1. |
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| 1869 | | - | |
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| 1870 | | - | (n) Any statutory damages or penalties recovered or assessed in an action brought under this section shall be payable to the employee. |
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| 1871 | | - | |
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| 1872 | | - | SEC. 40. Section 2675.5 of the Labor Code is amended to read:2675.5. (a) The commissioner shall deposit seventy-five dollars ($75) of each registrants annual registration fee, required pursuant to paragraph (5) of subdivision (a) of Section 2675, into one separate account. Funds from the separate account shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any garment manufacturer, brand guarantor, or contractor.(1) In making these determinations, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages and benefits, interest, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee, determined to be due to a garment worker by a registered or unregistered garment business.(2) A disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner.(3) Any disbursed funds subsequently recovered by the Labor Commissioner, pursuant to an assignment of the claim to the commissioner for recovery, including recovery from a surety under a bond pursuant to Section 2675, or otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the separate account.(b) The remainder of each registrants annual registration fee not deposited into the special account pursuant to subdivision (a) shall be deposited in a subaccount and applied to costs incurred by the commissioner in administering the provisions of Section 2673.1, Section 2675, and this section, upon appropriation by the Legislature. |
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| 1873 | | - | |
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| 1874 | | - | SEC. 40. Section 2675.5 of the Labor Code is amended to read: |
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| 1875 | | - | |
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| 1876 | | - | ### SEC. 40. |
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| 1877 | | - | |
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| 1878 | | - | 2675.5. (a) The commissioner shall deposit seventy-five dollars ($75) of each registrants annual registration fee, required pursuant to paragraph (5) of subdivision (a) of Section 2675, into one separate account. Funds from the separate account shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any garment manufacturer, brand guarantor, or contractor.(1) In making these determinations, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages and benefits, interest, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee, determined to be due to a garment worker by a registered or unregistered garment business.(2) A disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner.(3) Any disbursed funds subsequently recovered by the Labor Commissioner, pursuant to an assignment of the claim to the commissioner for recovery, including recovery from a surety under a bond pursuant to Section 2675, or otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the separate account.(b) The remainder of each registrants annual registration fee not deposited into the special account pursuant to subdivision (a) shall be deposited in a subaccount and applied to costs incurred by the commissioner in administering the provisions of Section 2673.1, Section 2675, and this section, upon appropriation by the Legislature. |
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| 1879 | | - | |
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| 1880 | | - | 2675.5. (a) The commissioner shall deposit seventy-five dollars ($75) of each registrants annual registration fee, required pursuant to paragraph (5) of subdivision (a) of Section 2675, into one separate account. Funds from the separate account shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any garment manufacturer, brand guarantor, or contractor.(1) In making these determinations, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages and benefits, interest, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee, determined to be due to a garment worker by a registered or unregistered garment business.(2) A disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner.(3) Any disbursed funds subsequently recovered by the Labor Commissioner, pursuant to an assignment of the claim to the commissioner for recovery, including recovery from a surety under a bond pursuant to Section 2675, or otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the separate account.(b) The remainder of each registrants annual registration fee not deposited into the special account pursuant to subdivision (a) shall be deposited in a subaccount and applied to costs incurred by the commissioner in administering the provisions of Section 2673.1, Section 2675, and this section, upon appropriation by the Legislature. |
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| 1881 | | - | |
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| 1882 | | - | 2675.5. (a) The commissioner shall deposit seventy-five dollars ($75) of each registrants annual registration fee, required pursuant to paragraph (5) of subdivision (a) of Section 2675, into one separate account. Funds from the separate account shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any garment manufacturer, brand guarantor, or contractor.(1) In making these determinations, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages and benefits, interest, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee, determined to be due to a garment worker by a registered or unregistered garment business.(2) A disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner.(3) Any disbursed funds subsequently recovered by the Labor Commissioner, pursuant to an assignment of the claim to the commissioner for recovery, including recovery from a surety under a bond pursuant to Section 2675, or otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the separate account.(b) The remainder of each registrants annual registration fee not deposited into the special account pursuant to subdivision (a) shall be deposited in a subaccount and applied to costs incurred by the commissioner in administering the provisions of Section 2673.1, Section 2675, and this section, upon appropriation by the Legislature. |
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| 1883 | | - | |
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| 1884 | | - | |
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| 1885 | | - | |
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| 1886 | | - | 2675.5. (a) The commissioner shall deposit seventy-five dollars ($75) of each registrants annual registration fee, required pursuant to paragraph (5) of subdivision (a) of Section 2675, into one separate account. Funds from the separate account shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any garment manufacturer, brand guarantor, or contractor. |
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| 1887 | | - | |
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| 1888 | | - | (1) In making these determinations, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages and benefits, interest, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee, determined to be due to a garment worker by a registered or unregistered garment business. |
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| 1889 | | - | |
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| 1890 | | - | (2) A disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner. |
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| 1891 | | - | |
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| 1892 | | - | (3) Any disbursed funds subsequently recovered by the Labor Commissioner, pursuant to an assignment of the claim to the commissioner for recovery, including recovery from a surety under a bond pursuant to Section 2675, or otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the separate account. |
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| 1893 | | - | |
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| 1894 | | - | (b) The remainder of each registrants annual registration fee not deposited into the special account pursuant to subdivision (a) shall be deposited in a subaccount and applied to costs incurred by the commissioner in administering the provisions of Section 2673.1, Section 2675, and this section, upon appropriation by the Legislature. |
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| 1895 | | - | |
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| 1896 | | - | SEC. 41. Section 2695.1 of the Labor Code is amended to read:2695.1. (a) In enacting this legislation, it It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders, as defined. sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation.(c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4.(d) For purposes of this section and Section 2695.2, sheepherder means an individual who is employed to do any of the following, including with the use of trained dogs:(1) Tend herds of sheep grazing or browsing on range or pasture.(2) Move sheep to and about an area assigned for grazing or browsing.(3) Prevent sheep from wandering or becoming lost. (4) Protect sheep against predators and the eating of poisonous plants. (5) Assist in the lambing, docking, or shearing of sheep. (6) Provide water or feed supplementary rations to sheep. |
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| 1897 | | - | |
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| 1898 | | - | SEC. 41. Section 2695.1 of the Labor Code is amended to read: |
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| 1899 | | - | |
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| 1900 | | - | ### SEC. 41. |
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| 1901 | | - | |
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| 1902 | | - | 2695.1. (a) In enacting this legislation, it It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders, as defined. sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation.(c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4.(d) For purposes of this section and Section 2695.2, sheepherder means an individual who is employed to do any of the following, including with the use of trained dogs:(1) Tend herds of sheep grazing or browsing on range or pasture.(2) Move sheep to and about an area assigned for grazing or browsing.(3) Prevent sheep from wandering or becoming lost. (4) Protect sheep against predators and the eating of poisonous plants. (5) Assist in the lambing, docking, or shearing of sheep. (6) Provide water or feed supplementary rations to sheep. |
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| 1903 | | - | |
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| 1904 | | - | 2695.1. (a) In enacting this legislation, it It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders, as defined. sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation.(c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4.(d) For purposes of this section and Section 2695.2, sheepherder means an individual who is employed to do any of the following, including with the use of trained dogs:(1) Tend herds of sheep grazing or browsing on range or pasture.(2) Move sheep to and about an area assigned for grazing or browsing.(3) Prevent sheep from wandering or becoming lost. (4) Protect sheep against predators and the eating of poisonous plants. (5) Assist in the lambing, docking, or shearing of sheep. (6) Provide water or feed supplementary rations to sheep. |
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| 1905 | | - | |
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| 1906 | | - | 2695.1. (a) In enacting this legislation, it It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders, as defined. sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation.(c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4.(d) For purposes of this section and Section 2695.2, sheepherder means an individual who is employed to do any of the following, including with the use of trained dogs:(1) Tend herds of sheep grazing or browsing on range or pasture.(2) Move sheep to and about an area assigned for grazing or browsing.(3) Prevent sheep from wandering or becoming lost. (4) Protect sheep against predators and the eating of poisonous plants. (5) Assist in the lambing, docking, or shearing of sheep. (6) Provide water or feed supplementary rations to sheep. |
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| 1907 | | - | |
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| 1908 | | - | |
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| 1909 | | - | |
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| 1910 | | - | 2695.1. (a) In enacting this legislation, it It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders, as defined. sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons. |
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| 1911 | | - | |
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| 1912 | | - | (b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation. |
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| 1913 | | - | |
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| 1914 | | - | (c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4. |
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| 1915 | | - | |
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| 1916 | | - | (d) For purposes of this section and Section 2695.2, sheepherder means an individual who is employed to do any of the following, including with the use of trained dogs: |
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| 1917 | | - | |
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| 1918 | | - | (1) Tend herds of sheep grazing or browsing on range or pasture. |
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| 1919 | | - | |
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| 1920 | | - | (2) Move sheep to and about an area assigned for grazing or browsing. |
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| 1921 | | - | |
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| 1922 | | - | (3) Prevent sheep from wandering or becoming lost. |
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| 1923 | | - | |
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| 1924 | | - | (4) Protect sheep against predators and the eating of poisonous plants. |
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| 1925 | | - | |
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| 1926 | | - | (5) Assist in the lambing, docking, or shearing of sheep. |
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| 1927 | | - | |
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| 1928 | | - | (6) Provide water or feed supplementary rations to sheep. |
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| 1929 | | - | |
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| 1930 | | - | SEC. 42. Section 2695.2 of the Labor Code is amended to read:2695.2. (a) (1) For a sheepherder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage adopted by the Industrial Welfare Commission on April 24, 2001. Any sheepherder who performs nonsheepherding, nonagricultural nonsheepherding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) After July 1, 2002, the amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to sheepherders under this subdivision. Every employer shall provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101, et seq.) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a sheepherder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the sheepherder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the sheepherder, an employer may deduct from the sheepherders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the sheepherder upon completion of the job.(c) No employer of sheepherders shall employ a sheepherder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the sheepherder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all sheepherders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for sheepherders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for sheepherders working on or at a machine.(f) After January 1, 2003, during times when a sheepherder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) After January 1, 2003, all sheepherders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) A means of communication through telephone or radio solely for use in a medical emergency affecting the sheepherder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the sheepherder may be charged for the actual cost of nonemergency telephone use. Nothing in this subdivision paragraph shall preclude an employer from providing additional means of communication to the sheepherder which are appropriate because telephones or radios are out of range or otherwise inoperable.(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, fifty one hundred dollars ($50) ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, one two hundred and fifty dollars ($100) ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of sheepherders shall post a copy of this part in an area frequented by sheepherders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to sheepherders upon request. Copies of this part shall be posted and made available in a language understood by the sheepherder. An employer is deemed to have complied with this subdivision if he or she the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, as adopted on April 24, 2001, updated pursuant to subdivision (c) of Section 2695.1, relating to sheepherders, provided that the posted material includes a sufficient summary of each of the provisions of this part. |
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| 1931 | | - | |
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| 1932 | | - | SEC. 42. Section 2695.2 of the Labor Code is amended to read: |
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| 1933 | | - | |
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| 1934 | | - | ### SEC. 42. |
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| 1935 | | - | |
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| 1936 | | - | 2695.2. (a) (1) For a sheepherder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage adopted by the Industrial Welfare Commission on April 24, 2001. Any sheepherder who performs nonsheepherding, nonagricultural nonsheepherding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) After July 1, 2002, the amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to sheepherders under this subdivision. Every employer shall provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101, et seq.) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a sheepherder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the sheepherder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the sheepherder, an employer may deduct from the sheepherders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the sheepherder upon completion of the job.(c) No employer of sheepherders shall employ a sheepherder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the sheepherder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all sheepherders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for sheepherders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for sheepherders working on or at a machine.(f) After January 1, 2003, during times when a sheepherder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) After January 1, 2003, all sheepherders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) A means of communication through telephone or radio solely for use in a medical emergency affecting the sheepherder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the sheepherder may be charged for the actual cost of nonemergency telephone use. Nothing in this subdivision paragraph shall preclude an employer from providing additional means of communication to the sheepherder which are appropriate because telephones or radios are out of range or otherwise inoperable.(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, fifty one hundred dollars ($50) ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, one two hundred and fifty dollars ($100) ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of sheepherders shall post a copy of this part in an area frequented by sheepherders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to sheepherders upon request. Copies of this part shall be posted and made available in a language understood by the sheepherder. An employer is deemed to have complied with this subdivision if he or she the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, as adopted on April 24, 2001, updated pursuant to subdivision (c) of Section 2695.1, relating to sheepherders, provided that the posted material includes a sufficient summary of each of the provisions of this part. |
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| 1937 | | - | |
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| 1938 | | - | 2695.2. (a) (1) For a sheepherder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage adopted by the Industrial Welfare Commission on April 24, 2001. Any sheepherder who performs nonsheepherding, nonagricultural nonsheepherding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) After July 1, 2002, the amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to sheepherders under this subdivision. Every employer shall provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101, et seq.) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a sheepherder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the sheepherder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the sheepherder, an employer may deduct from the sheepherders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the sheepherder upon completion of the job.(c) No employer of sheepherders shall employ a sheepherder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the sheepherder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all sheepherders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for sheepherders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for sheepherders working on or at a machine.(f) After January 1, 2003, during times when a sheepherder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) After January 1, 2003, all sheepherders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) A means of communication through telephone or radio solely for use in a medical emergency affecting the sheepherder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the sheepherder may be charged for the actual cost of nonemergency telephone use. Nothing in this subdivision paragraph shall preclude an employer from providing additional means of communication to the sheepherder which are appropriate because telephones or radios are out of range or otherwise inoperable.(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, fifty one hundred dollars ($50) ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, one two hundred and fifty dollars ($100) ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of sheepherders shall post a copy of this part in an area frequented by sheepherders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to sheepherders upon request. Copies of this part shall be posted and made available in a language understood by the sheepherder. An employer is deemed to have complied with this subdivision if he or she the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, as adopted on April 24, 2001, updated pursuant to subdivision (c) of Section 2695.1, relating to sheepherders, provided that the posted material includes a sufficient summary of each of the provisions of this part. |
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| 1939 | | - | |
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| 1940 | | - | 2695.2. (a) (1) For a sheepherder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage adopted by the Industrial Welfare Commission on April 24, 2001. Any sheepherder who performs nonsheepherding, nonagricultural nonsheepherding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) After July 1, 2002, the amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to sheepherders under this subdivision. Every employer shall provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101, et seq.) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a sheepherder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the sheepherder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the sheepherder, an employer may deduct from the sheepherders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the sheepherder upon completion of the job.(c) No employer of sheepherders shall employ a sheepherder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the sheepherder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all sheepherders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for sheepherders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for sheepherders working on or at a machine.(f) After January 1, 2003, during times when a sheepherder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) After January 1, 2003, all sheepherders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) A means of communication through telephone or radio solely for use in a medical emergency affecting the sheepherder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the sheepherder may be charged for the actual cost of nonemergency telephone use. Nothing in this subdivision paragraph shall preclude an employer from providing additional means of communication to the sheepherder which are appropriate because telephones or radios are out of range or otherwise inoperable.(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, fifty one hundred dollars ($50) ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, one two hundred and fifty dollars ($100) ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of sheepherders shall post a copy of this part in an area frequented by sheepherders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to sheepherders upon request. Copies of this part shall be posted and made available in a language understood by the sheepherder. An employer is deemed to have complied with this subdivision if he or she the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, as adopted on April 24, 2001, updated pursuant to subdivision (c) of Section 2695.1, relating to sheepherders, provided that the posted material includes a sufficient summary of each of the provisions of this part. |
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| 1941 | | - | |
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| 1942 | | - | |
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| 1943 | | - | |
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| 1944 | | - | 2695.2. (a) (1) For a sheepherder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage adopted by the Industrial Welfare Commission on April 24, 2001. Any sheepherder who performs nonsheepherding, nonagricultural nonsheepherding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work. |
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| 1945 | | - | |
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| 1946 | | - | (2) After July 1, 2002, the amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate. |
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| 1947 | | - | |
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| 1948 | | - | (3) An employer shall not credit meals or lodging against the minimum wage owed to sheepherders under this subdivision. Every employer shall provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101, et seq.) or any successor provisions. |
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| 1949 | | - | |
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| 1950 | | - | (b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a sheepherder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft. |
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| 1951 | | - | |
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| 1952 | | - | (2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the sheepherder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the sheepherder, an employer may deduct from the sheepherders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the sheepherder upon completion of the job. |
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| 1953 | | - | |
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| 1954 | | - | (c) No employer of sheepherders shall employ a sheepherder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the sheepherder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder shall be allowed to complete the meal period during that day. |
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| 1955 | | - | |
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| 1956 | | - | (d) To the extent practicable, every employer shall authorize and permit all sheepherders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for sheepherders whose total daily worktime is less than three and one-half hours. |
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| 1957 | | - | |
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| 1958 | | - | (e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for sheepherders working on or at a machine. |
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| 1959 | | - | |
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| 1960 | | - | (f) After January 1, 2003, during times when a sheepherder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following: |
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| 1961 | | - | |
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| 1962 | | - | (1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities. |
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| 1963 | | - | |
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| 1964 | | - | (2) Heating. |
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| 1965 | | - | |
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| 1966 | | - | (3) Inside lighting. |
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| 1967 | | - | |
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| 1968 | | - | (4) Potable hot and cold water. |
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| 1969 | | - | |
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| 1970 | | - | (5) Adequate cooking facilities and utensils. |
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| 1971 | | - | |
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| 1972 | | - | (6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety. |
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| 1973 | | - | |
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| 1974 | | - | (g) After January 1, 2003, all sheepherders shall be provided with all of the following at each worksite: |
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| 1975 | | - | |
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| 1976 | | - | (1) Regular mail service. |
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| 1977 | | - | |
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| 1978 | | - | (2) A means of communication through telephone or radio solely for use in a medical emergency affecting the sheepherder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the sheepherder may be charged for the actual cost of nonemergency telephone use. Nothing in this subdivision paragraph shall preclude an employer from providing additional means of communication to the sheepherder which are appropriate because telephones or radios are out of range or otherwise inoperable. |
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| 1979 | | - | |
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| 1980 | | - | (3) Visitor access to the housing. |
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| 1981 | | - | |
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| 1982 | | - | (4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis. |
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| 1983 | | - | |
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| 1984 | | - | (h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows: |
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| 1985 | | - | |
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| 1986 | | - | (1) For the initial violation, fifty one hundred dollars ($50) ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages. |
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| 1987 | | - | |
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| 1988 | | - | (2) For any subsequent violation, one two hundred and fifty dollars ($100) ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages. |
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| 1989 | | - | |
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| 1990 | | - | (3) The affected employee shall receive payment of all wages recovered. |
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| 1991 | | - | |
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| 1992 | | - | (i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included. |
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| 1993 | | - | |
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| 1994 | | - | (j) Every employer of sheepherders shall post a copy of this part in an area frequented by sheepherders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to sheepherders upon request. Copies of this part shall be posted and made available in a language understood by the sheepherder. An employer is deemed to have complied with this subdivision if he or she the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, as adopted on April 24, 2001, updated pursuant to subdivision (c) of Section 2695.1, relating to sheepherders, provided that the posted material includes a sufficient summary of each of the provisions of this part. |
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| 1995 | | - | |
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| 1996 | | - | SEC. 43. Section 2695.3 is added to the Labor Code, to read:2695.3. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation.(c) On or before January 1, 2024, the labor commissioner shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on wage violations, including minimum wage and overtime, affecting sheepherders and goat herders.(d) For purposes of this section and Section 2695.4, goat herder means an individual who is employed to do any of the following, including with the use of trained dogs: (1) Tend herds of goats grazing or browsing on range or pasture.(2) Move goats to and about an area assigned for grazing or browsing.(3) Prevent goats from wandering or becoming lost.(4) Protect goats against predators and the eating of poisonous plants.(5) Assist in the ewing, docking, or shearing of goats.(6) Provide water or feed supplementary rations to goats.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 1997 | | - | |
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| 1998 | | - | SEC. 43. Section 2695.3 is added to the Labor Code, to read: |
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| 1999 | | - | |
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| 2000 | | - | ### SEC. 43. |
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| 2001 | | - | |
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| 2002 | | - | 2695.3. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation.(c) On or before January 1, 2024, the labor commissioner shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on wage violations, including minimum wage and overtime, affecting sheepherders and goat herders.(d) For purposes of this section and Section 2695.4, goat herder means an individual who is employed to do any of the following, including with the use of trained dogs: (1) Tend herds of goats grazing or browsing on range or pasture.(2) Move goats to and about an area assigned for grazing or browsing.(3) Prevent goats from wandering or becoming lost.(4) Protect goats against predators and the eating of poisonous plants.(5) Assist in the ewing, docking, or shearing of goats.(6) Provide water or feed supplementary rations to goats.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2003 | | - | |
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| 2004 | | - | 2695.3. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation.(c) On or before January 1, 2024, the labor commissioner shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on wage violations, including minimum wage and overtime, affecting sheepherders and goat herders.(d) For purposes of this section and Section 2695.4, goat herder means an individual who is employed to do any of the following, including with the use of trained dogs: (1) Tend herds of goats grazing or browsing on range or pasture.(2) Move goats to and about an area assigned for grazing or browsing.(3) Prevent goats from wandering or becoming lost.(4) Protect goats against predators and the eating of poisonous plants.(5) Assist in the ewing, docking, or shearing of goats.(6) Provide water or feed supplementary rations to goats.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2005 | | - | |
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| 2006 | | - | 2695.3. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons.(b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation.(c) On or before January 1, 2024, the labor commissioner shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on wage violations, including minimum wage and overtime, affecting sheepherders and goat herders.(d) For purposes of this section and Section 2695.4, goat herder means an individual who is employed to do any of the following, including with the use of trained dogs: (1) Tend herds of goats grazing or browsing on range or pasture.(2) Move goats to and about an area assigned for grazing or browsing.(3) Prevent goats from wandering or becoming lost.(4) Protect goats against predators and the eating of poisonous plants.(5) Assist in the ewing, docking, or shearing of goats.(6) Provide water or feed supplementary rations to goats.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2007 | | - | |
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| 2008 | | - | |
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| 2009 | | - | |
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| 2010 | | - | 2695.3. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons. |
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| 2011 | | - | |
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| 2012 | | - | (b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation. |
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| 2013 | | - | |
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| 2014 | | - | (c) On or before January 1, 2024, the labor commissioner shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on wage violations, including minimum wage and overtime, affecting sheepherders and goat herders. |
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| 2015 | | - | |
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| 2016 | | - | (d) For purposes of this section and Section 2695.4, goat herder means an individual who is employed to do any of the following, including with the use of trained dogs: |
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| 2017 | | - | |
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| 2018 | | - | (1) Tend herds of goats grazing or browsing on range or pasture. |
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| 2019 | | - | |
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| 2020 | | - | (2) Move goats to and about an area assigned for grazing or browsing. |
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| 2021 | | - | |
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| 2022 | | - | (3) Prevent goats from wandering or becoming lost. |
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| 2023 | | - | |
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| 2024 | | - | (4) Protect goats against predators and the eating of poisonous plants. |
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| 2025 | | - | |
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| 2026 | | - | (5) Assist in the ewing, docking, or shearing of goats. |
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| 2027 | | - | |
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| 2028 | | - | (6) Provide water or feed supplementary rations to goats. |
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| 2029 | | - | |
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| 2030 | | - | (e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2031 | | - | |
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| 2032 | | - | SEC. 44. Section 2695.4 is added to the Labor Code, to read:2695.4. (a) (1) For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job.(c) No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine.(f) During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) All goat herders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) (A) A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802.(B) Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part.(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2033 | | - | |
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| 2034 | | - | SEC. 44. Section 2695.4 is added to the Labor Code, to read: |
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| 2035 | | - | |
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| 2036 | | - | ### SEC. 44. |
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| 2037 | | - | |
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| 2038 | | - | 2695.4. (a) (1) For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job.(c) No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine.(f) During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) All goat herders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) (A) A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802.(B) Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part.(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2039 | | - | |
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| 2040 | | - | 2695.4. (a) (1) For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job.(c) No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine.(f) During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) All goat herders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) (A) A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802.(B) Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part.(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2041 | | - | |
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| 2042 | | - | 2695.4. (a) (1) For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work.(2) The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate.(3) An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions.(b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft.(2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job.(c) No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day.(d) To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours.(e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine.(f) During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following:(1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities.(2) Heating.(3) Inside lighting.(4) Potable hot and cold water.(5) Adequate cooking facilities and utensils.(6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety.(g) All goat herders shall be provided with all of the following at each worksite:(1) Regular mail service.(2) (A) A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802.(B) Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable(3) Visitor access to the housing.(4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis.(h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows:(1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(2) For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages.(3) The affected employee shall receive payment of all wages recovered.(i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included.(j) Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part.(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2043 | | - | |
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| 2044 | | - | |
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| 2045 | | - | |
|---|
| 2046 | | - | 2695.4. (a) (1) For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week on-call basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work. |
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| 2047 | | - | |
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| 2048 | | - | (2) The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate. |
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| 2049 | | - | |
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| 2050 | | - | (3) An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions. |
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| 2051 | | - | |
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| 2052 | | - | (b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft. |
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| 2053 | | - | |
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| 2054 | | - | (2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herders last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job. |
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| 2055 | | - | |
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| 2056 | | - | (c) No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a days work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day. |
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| 2057 | | - | |
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| 2058 | | - | (d) To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours. |
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| 2059 | | - | |
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| 2060 | | - | (e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine. |
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| 2061 | | - | |
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| 2062 | | - | (f) During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following: |
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| 2063 | | - | |
|---|
| 2064 | | - | (1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities. |
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| 2065 | | - | |
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| 2066 | | - | (2) Heating. |
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| 2067 | | - | |
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| 2068 | | - | (3) Inside lighting. |
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| 2069 | | - | |
|---|
| 2070 | | - | (4) Potable hot and cold water. |
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| 2071 | | - | |
|---|
| 2072 | | - | (5) Adequate cooking facilities and utensils. |
|---|
| 2073 | | - | |
|---|
| 2074 | | - | (6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety. |
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| 2075 | | - | |
|---|
| 2076 | | - | (g) All goat herders shall be provided with all of the following at each worksite: |
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| 2077 | | - | |
|---|
| 2078 | | - | (1) Regular mail service. |
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| 2079 | | - | |
|---|
| 2080 | | - | (2) (A) A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802. |
|---|
| 2081 | | - | |
|---|
| 2082 | | - | (B) Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable |
|---|
| 2083 | | - | |
|---|
| 2084 | | - | (3) Visitor access to the housing. |
|---|
| 2085 | | - | |
|---|
| 2086 | | - | (4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis. |
|---|
| 2087 | | - | |
|---|
| 2088 | | - | (h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows: |
|---|
| 2089 | | - | |
|---|
| 2090 | | - | (1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages. |
|---|
| 2091 | | - | |
|---|
| 2092 | | - | (2) For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages. |
|---|
| 2093 | | - | |
|---|
| 2094 | | - | (3) The affected employee shall receive payment of all wages recovered. |
|---|
| 2095 | | - | |
|---|
| 2096 | | - | (i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included. |
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| 2097 | | - | |
|---|
| 2098 | | - | (j) Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part. |
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| 2099 | | - | |
|---|
| 2100 | | - | (k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. |
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| 2101 | | - | |
|---|
| 2102 | | - | SEC. 45. Section 3111 of the Labor Code is amended to read:3111. (a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an apprenticeship program or eligible entity must submit to the division an application to request funds.(b) For each apprentice that is actively registered with the division for each 12-month period, an apprenticeship program or eligible entity is eligible to receive support funds in an amount determined by the division. In determining the amount, the division shall aim to provide support funds to as many eligible programs as possible and shall consider the amount of available support funds, the number of approved programs not within the jurisdiction of the council established pursuant to Section 3070, and the number of apprentices registered in those programs.(c) The eligible entity amount in subdivision (b) will shall be prorated on a monthly basis for apprentices who are actively registered for less than the 12-month period. |
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| 2103 | | - | |
|---|
| 2104 | | - | SEC. 45. Section 3111 of the Labor Code is amended to read: |
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| 2105 | | - | |
|---|
| 2106 | | - | ### SEC. 45. |
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| 2107 | | - | |
|---|
| 2108 | | - | 3111. (a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an apprenticeship program or eligible entity must submit to the division an application to request funds.(b) For each apprentice that is actively registered with the division for each 12-month period, an apprenticeship program or eligible entity is eligible to receive support funds in an amount determined by the division. In determining the amount, the division shall aim to provide support funds to as many eligible programs as possible and shall consider the amount of available support funds, the number of approved programs not within the jurisdiction of the council established pursuant to Section 3070, and the number of apprentices registered in those programs.(c) The eligible entity amount in subdivision (b) will shall be prorated on a monthly basis for apprentices who are actively registered for less than the 12-month period. |
|---|
| 2109 | | - | |
|---|
| 2110 | | - | 3111. (a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an apprenticeship program or eligible entity must submit to the division an application to request funds.(b) For each apprentice that is actively registered with the division for each 12-month period, an apprenticeship program or eligible entity is eligible to receive support funds in an amount determined by the division. In determining the amount, the division shall aim to provide support funds to as many eligible programs as possible and shall consider the amount of available support funds, the number of approved programs not within the jurisdiction of the council established pursuant to Section 3070, and the number of apprentices registered in those programs.(c) The eligible entity amount in subdivision (b) will shall be prorated on a monthly basis for apprentices who are actively registered for less than the 12-month period. |
|---|
| 2111 | | - | |
|---|
| 2112 | | - | 3111. (a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an apprenticeship program or eligible entity must submit to the division an application to request funds.(b) For each apprentice that is actively registered with the division for each 12-month period, an apprenticeship program or eligible entity is eligible to receive support funds in an amount determined by the division. In determining the amount, the division shall aim to provide support funds to as many eligible programs as possible and shall consider the amount of available support funds, the number of approved programs not within the jurisdiction of the council established pursuant to Section 3070, and the number of apprentices registered in those programs.(c) The eligible entity amount in subdivision (b) will shall be prorated on a monthly basis for apprentices who are actively registered for less than the 12-month period. |
|---|
| 2113 | | - | |
|---|
| 2114 | | - | |
|---|
| 2115 | | - | |
|---|
| 2116 | | - | 3111. (a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an apprenticeship program or eligible entity must submit to the division an application to request funds. |
|---|
| 2117 | | - | |
|---|
| 2118 | | - | (b) For each apprentice that is actively registered with the division for each 12-month period, an apprenticeship program or eligible entity is eligible to receive support funds in an amount determined by the division. In determining the amount, the division shall aim to provide support funds to as many eligible programs as possible and shall consider the amount of available support funds, the number of approved programs not within the jurisdiction of the council established pursuant to Section 3070, and the number of apprentices registered in those programs. |
|---|
| 2119 | | - | |
|---|
| 2120 | | - | (c) The eligible entity amount in subdivision (b) will shall be prorated on a monthly basis for apprentices who are actively registered for less than the 12-month period. |
|---|
| 2121 | | - | |
|---|
| 2122 | | - | SEC. 46. Section 3111.1 of the Labor Code is amended to read:3111.1. Eligible activities for support funds shall include, but are not limited to, all of the following:(a) Employer outreach, support, onboarding, and management.(b) Recruiting, matching, and placing individuals into apprenticeships.(c) Support services for an apprentice, such as interview coaching, conflict resolution, and life crisis management.(d) Retention initiatives to reduce the turnover rate of apprentices.(e) Tracking and reporting the apprentices to the division.(f) Troubleshooting and adjudicating stakeholders in a joint apprenticeship committee, a unilateral management apprenticeship committee, or a unilateral labor apprenticeship committee; and committee.(g) Project management and stakeholder management. |
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| 2123 | | - | |
|---|
| 2124 | | - | SEC. 46. Section 3111.1 of the Labor Code is amended to read: |
|---|
| 2125 | | - | |
|---|
| 2126 | | - | ### SEC. 46. |
|---|
| 2127 | | - | |
|---|
| 2128 | | - | 3111.1. Eligible activities for support funds shall include, but are not limited to, all of the following:(a) Employer outreach, support, onboarding, and management.(b) Recruiting, matching, and placing individuals into apprenticeships.(c) Support services for an apprentice, such as interview coaching, conflict resolution, and life crisis management.(d) Retention initiatives to reduce the turnover rate of apprentices.(e) Tracking and reporting the apprentices to the division.(f) Troubleshooting and adjudicating stakeholders in a joint apprenticeship committee, a unilateral management apprenticeship committee, or a unilateral labor apprenticeship committee; and committee.(g) Project management and stakeholder management. |
|---|
| 2129 | | - | |
|---|
| 2130 | | - | 3111.1. Eligible activities for support funds shall include, but are not limited to, all of the following:(a) Employer outreach, support, onboarding, and management.(b) Recruiting, matching, and placing individuals into apprenticeships.(c) Support services for an apprentice, such as interview coaching, conflict resolution, and life crisis management.(d) Retention initiatives to reduce the turnover rate of apprentices.(e) Tracking and reporting the apprentices to the division.(f) Troubleshooting and adjudicating stakeholders in a joint apprenticeship committee, a unilateral management apprenticeship committee, or a unilateral labor apprenticeship committee; and committee.(g) Project management and stakeholder management. |
|---|
| 2131 | | - | |
|---|
| 2132 | | - | 3111.1. Eligible activities for support funds shall include, but are not limited to, all of the following:(a) Employer outreach, support, onboarding, and management.(b) Recruiting, matching, and placing individuals into apprenticeships.(c) Support services for an apprentice, such as interview coaching, conflict resolution, and life crisis management.(d) Retention initiatives to reduce the turnover rate of apprentices.(e) Tracking and reporting the apprentices to the division.(f) Troubleshooting and adjudicating stakeholders in a joint apprenticeship committee, a unilateral management apprenticeship committee, or a unilateral labor apprenticeship committee; and committee.(g) Project management and stakeholder management. |
|---|
| 2133 | | - | |
|---|
| 2134 | | - | |
|---|
| 2135 | | - | |
|---|
| 2136 | | - | 3111.1. Eligible activities for support funds shall include, but are not limited to, all of the following: |
|---|
| 2137 | | - | |
|---|
| 2138 | | - | (a) Employer outreach, support, onboarding, and management. |
|---|
| 2139 | | - | |
|---|
| 2140 | | - | (b) Recruiting, matching, and placing individuals into apprenticeships. |
|---|
| 2141 | | - | |
|---|
| 2142 | | - | (c) Support services for an apprentice, such as interview coaching, conflict resolution, and life crisis management. |
|---|
| 2143 | | - | |
|---|
| 2144 | | - | (d) Retention initiatives to reduce the turnover rate of apprentices. |
|---|
| 2145 | | - | |
|---|
| 2146 | | - | (e) Tracking and reporting the apprentices to the division. |
|---|
| 2147 | | - | |
|---|
| 2148 | | - | (f) Troubleshooting and adjudicating stakeholders in a joint apprenticeship committee, a unilateral management apprenticeship committee, or a unilateral labor apprenticeship committee; and committee. |
|---|
| 2149 | | - | |
|---|
| 2150 | | - | (g) Project management and stakeholder management. |
|---|
| 2151 | | - | |
|---|
| 2152 | | - | SEC. 47. Section 3112 of the Labor Code is amended to read:3112. (a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational institution, or to apprenticeship programs. The funds shall be provided for each apprentice training hour at the rate described in subdivision (c).(b) If apprentice training costs are already being reimbursed pursuant to Section 8152, 79149.1, or 79149.3 of the Education Code, then those training costs shall be ineligible for reimbursement under this section.(c) The reimbursement rate for training reimbursed pursuant to this section shall be equivalent to the reimbursement rate established under Section Sections 8152 and 79149.3 of the Education Code.(d) Reimbursements may be made under this section for training provided to registered apprentices only if: if all of the following are true:(1) The training is provided by an approved program that is not within the jurisdiction of the council established pursuant to Section 3070; 3070.(2) The program is providing the training pursuant to a contract with a public educational institution; and institution.(3) An application for funding is submitted to the division. |
|---|
| 2153 | | - | |
|---|
| 2154 | | - | SEC. 47. Section 3112 of the Labor Code is amended to read: |
|---|
| 2155 | | - | |
|---|
| 2156 | | - | ### SEC. 47. |
|---|
| 2157 | | - | |
|---|
| 2158 | | - | 3112. (a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational institution, or to apprenticeship programs. The funds shall be provided for each apprentice training hour at the rate described in subdivision (c).(b) If apprentice training costs are already being reimbursed pursuant to Section 8152, 79149.1, or 79149.3 of the Education Code, then those training costs shall be ineligible for reimbursement under this section.(c) The reimbursement rate for training reimbursed pursuant to this section shall be equivalent to the reimbursement rate established under Section Sections 8152 and 79149.3 of the Education Code.(d) Reimbursements may be made under this section for training provided to registered apprentices only if: if all of the following are true:(1) The training is provided by an approved program that is not within the jurisdiction of the council established pursuant to Section 3070; 3070.(2) The program is providing the training pursuant to a contract with a public educational institution; and institution.(3) An application for funding is submitted to the division. |
|---|
| 2159 | | - | |
|---|
| 2160 | | - | 3112. (a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational institution, or to apprenticeship programs. The funds shall be provided for each apprentice training hour at the rate described in subdivision (c).(b) If apprentice training costs are already being reimbursed pursuant to Section 8152, 79149.1, or 79149.3 of the Education Code, then those training costs shall be ineligible for reimbursement under this section.(c) The reimbursement rate for training reimbursed pursuant to this section shall be equivalent to the reimbursement rate established under Section Sections 8152 and 79149.3 of the Education Code.(d) Reimbursements may be made under this section for training provided to registered apprentices only if: if all of the following are true:(1) The training is provided by an approved program that is not within the jurisdiction of the council established pursuant to Section 3070; 3070.(2) The program is providing the training pursuant to a contract with a public educational institution; and institution.(3) An application for funding is submitted to the division. |
|---|
| 2161 | | - | |
|---|
| 2162 | | - | 3112. (a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational institution, or to apprenticeship programs. The funds shall be provided for each apprentice training hour at the rate described in subdivision (c).(b) If apprentice training costs are already being reimbursed pursuant to Section 8152, 79149.1, or 79149.3 of the Education Code, then those training costs shall be ineligible for reimbursement under this section.(c) The reimbursement rate for training reimbursed pursuant to this section shall be equivalent to the reimbursement rate established under Section Sections 8152 and 79149.3 of the Education Code.(d) Reimbursements may be made under this section for training provided to registered apprentices only if: if all of the following are true:(1) The training is provided by an approved program that is not within the jurisdiction of the council established pursuant to Section 3070; 3070.(2) The program is providing the training pursuant to a contract with a public educational institution; and institution.(3) An application for funding is submitted to the division. |
|---|
| 2163 | | - | |
|---|
| 2164 | | - | |
|---|
| 2165 | | - | |
|---|
| 2166 | | - | 3112. (a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational institution, or to apprenticeship programs. The funds shall be provided for each apprentice training hour at the rate described in subdivision (c). |
|---|
| 2167 | | - | |
|---|
| 2168 | | - | (b) If apprentice training costs are already being reimbursed pursuant to Section 8152, 79149.1, or 79149.3 of the Education Code, then those training costs shall be ineligible for reimbursement under this section. |
|---|
| 2169 | | - | |
|---|
| 2170 | | - | (c) The reimbursement rate for training reimbursed pursuant to this section shall be equivalent to the reimbursement rate established under Section Sections 8152 and 79149.3 of the Education Code. |
|---|
| 2171 | | - | |
|---|
| 2172 | | - | (d) Reimbursements may be made under this section for training provided to registered apprentices only if: if all of the following are true: |
|---|
| 2173 | | - | |
|---|
| 2174 | | - | (1) The training is provided by an approved program that is not within the jurisdiction of the council established pursuant to Section 3070; 3070. |
|---|
| 2175 | | - | |
|---|
| 2176 | | - | (2) The program is providing the training pursuant to a contract with a public educational institution; and institution. |
|---|
| 2177 | | - | |
|---|
| 2178 | | - | (3) An application for funding is submitted to the division. |
|---|
| 2179 | | - | |
|---|
| 2180 | | - | SEC. 48. Section 3122.3 of the Labor Code is amended to read:3122.3. The Youth Apprenticeship Grant Program will shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of Californias youth. To measure success towards that goal, the grant program will require: shall do both of the following:(a) Require grant recipients to collect, analyze, Collection, analysis, and reporting of report program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics.(b) Demographic Cross-tabulate demographic data will be cross tabulated with labor force participation data and enrollment data among the various demographic groups named above to assess parity in relation to the public K12 high school, community college, and four-year university graduating cohort demographic distribution. distribution, comparing program completion rates with the attainment of educational degrees across groups. |
|---|
| 2181 | | - | |
|---|
| 2182 | | - | SEC. 48. Section 3122.3 of the Labor Code is amended to read: |
|---|
| 2183 | | - | |
|---|
| 2184 | | - | ### SEC. 48. |
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| 2185 | | - | |
|---|
| 2186 | | - | 3122.3. The Youth Apprenticeship Grant Program will shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of Californias youth. To measure success towards that goal, the grant program will require: shall do both of the following:(a) Require grant recipients to collect, analyze, Collection, analysis, and reporting of report program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics.(b) Demographic Cross-tabulate demographic data will be cross tabulated with labor force participation data and enrollment data among the various demographic groups named above to assess parity in relation to the public K12 high school, community college, and four-year university graduating cohort demographic distribution. distribution, comparing program completion rates with the attainment of educational degrees across groups. |
|---|
| 2187 | | - | |
|---|
| 2188 | | - | 3122.3. The Youth Apprenticeship Grant Program will shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of Californias youth. To measure success towards that goal, the grant program will require: shall do both of the following:(a) Require grant recipients to collect, analyze, Collection, analysis, and reporting of report program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics.(b) Demographic Cross-tabulate demographic data will be cross tabulated with labor force participation data and enrollment data among the various demographic groups named above to assess parity in relation to the public K12 high school, community college, and four-year university graduating cohort demographic distribution. distribution, comparing program completion rates with the attainment of educational degrees across groups. |
|---|
| 2189 | | - | |
|---|
| 2190 | | - | 3122.3. The Youth Apprenticeship Grant Program will shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of Californias youth. To measure success towards that goal, the grant program will require: shall do both of the following:(a) Require grant recipients to collect, analyze, Collection, analysis, and reporting of report program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics.(b) Demographic Cross-tabulate demographic data will be cross tabulated with labor force participation data and enrollment data among the various demographic groups named above to assess parity in relation to the public K12 high school, community college, and four-year university graduating cohort demographic distribution. distribution, comparing program completion rates with the attainment of educational degrees across groups. |
|---|
| 2191 | | - | |
|---|
| 2192 | | - | |
|---|
| 2193 | | - | |
|---|
| 2194 | | - | 3122.3. The Youth Apprenticeship Grant Program will shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of Californias youth. To measure success towards that goal, the grant program will require: shall do both of the following: |
|---|
| 2195 | | - | |
|---|
| 2196 | | - | (a) Require grant recipients to collect, analyze, Collection, analysis, and reporting of report program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics. |
|---|
| 2197 | | - | |
|---|
| 2198 | | - | (b) Demographic Cross-tabulate demographic data will be cross tabulated with labor force participation data and enrollment data among the various demographic groups named above to assess parity in relation to the public K12 high school, community college, and four-year university graduating cohort demographic distribution. distribution, comparing program completion rates with the attainment of educational degrees across groups. |
|---|
| 2199 | | - | |
|---|
| 2200 | | - | SEC. 49. Section 4124.5 of the Public Resources Code is amended to read:4124.5. (a) The department shall establish a local assistance grant program for fire prevention and home hardening education activities in California. Groups eligible for grants shall include, but are not limited to, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified community conservation corps as defined in Section 14507.5, University of California Cooperative Extension, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects.(b) (1) The local assistance grant program shall establish a robust year-round fire prevention effort in and near fire threatened communities that focuses on increasing the protection of people, structures, and communities. To the maximum extent practicable, the grants shall be designed to be durable and adaptively managed so that while improving resiliency to wildfire, the projects, when on forest land, retain a mixture of species and sizes of trees to protect habitat values. The department shall prioritize, to the extent feasible, projects that are multiyear efforts.(2) For purposes of this subdivision, fire threatened communities means those communities in high and very high fire hazard severity zones, identified by the director pursuant to Section 51178 of the Government Code, or Article 9 (commencing with Section 4201) of this code, or on the Fire Risk Reduction Community list maintained by the board pursuant to Section 4290.1.(c) Eligible activities shall include, but not be limited to, all of the following:(1) Development and implementation of public education and outreach programs. Programs may include technical assistance, workforce recruitment and training, and equipment purchases.(2) Fire prevention activities as defined in Section 4124.(3) Projects to improve compliance with defensible space requirements as required by Section 4291 through increased inspections, assessments, and assistance for low-income residents.(4) Technical assistance to local agencies to improve fire prevention and reduce fire hazards.(5) Creation of additional Firewise USA communities in the state or other community planning or certification programs deemed as appropriate by the department.(6) Projects to improve public safety, including, but not limited to, access to emergency equipment and improvements to public evacuation routes.(7) Vegetation management along roadways and driveways to reduce fire risk. Where appropriate, the Department of Transportation shall be consulted if state infrastructure will be affected. Those projects shall remain consistent with paragraph (1) of subdivision (b).(8) Public education outreach regarding making homes and communities more wildfire resilient, including defensible space training.(9) Projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers.(10) Development of a risk reduction checklist for communities that includes defensible space criteria, structural vulnerability potential, and personal evacuation plans.(d) The department may consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local assistance grants.(e) (1) Until January 1, 2024, the director may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award. The director may authorize a greater amount, not to exceed 50 percent of either the total grant award or the cost of equipment, whichever amount is less, for the purpose of purchasing necessary equipment.(2) The grantee shall expend the funds from the advance payment within 6 months of receipt, unless the department waives this requirement.(3) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(f) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(f)(g) The department may expand or amend an existing grant program to meet the requirements of this section.(g)(h) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature. |
|---|
| 2201 | | - | |
|---|
| 2202 | | - | SEC. 49. Section 4124.5 of the Public Resources Code is amended to read: |
|---|
| 2203 | | - | |
|---|
| 2204 | | - | ### SEC. 49. |
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| 2205 | | - | |
|---|
| 2206 | | - | 4124.5. (a) The department shall establish a local assistance grant program for fire prevention and home hardening education activities in California. Groups eligible for grants shall include, but are not limited to, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified community conservation corps as defined in Section 14507.5, University of California Cooperative Extension, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects.(b) (1) The local assistance grant program shall establish a robust year-round fire prevention effort in and near fire threatened communities that focuses on increasing the protection of people, structures, and communities. To the maximum extent practicable, the grants shall be designed to be durable and adaptively managed so that while improving resiliency to wildfire, the projects, when on forest land, retain a mixture of species and sizes of trees to protect habitat values. The department shall prioritize, to the extent feasible, projects that are multiyear efforts.(2) For purposes of this subdivision, fire threatened communities means those communities in high and very high fire hazard severity zones, identified by the director pursuant to Section 51178 of the Government Code, or Article 9 (commencing with Section 4201) of this code, or on the Fire Risk Reduction Community list maintained by the board pursuant to Section 4290.1.(c) Eligible activities shall include, but not be limited to, all of the following:(1) Development and implementation of public education and outreach programs. Programs may include technical assistance, workforce recruitment and training, and equipment purchases.(2) Fire prevention activities as defined in Section 4124.(3) Projects to improve compliance with defensible space requirements as required by Section 4291 through increased inspections, assessments, and assistance for low-income residents.(4) Technical assistance to local agencies to improve fire prevention and reduce fire hazards.(5) Creation of additional Firewise USA communities in the state or other community planning or certification programs deemed as appropriate by the department.(6) Projects to improve public safety, including, but not limited to, access to emergency equipment and improvements to public evacuation routes.(7) Vegetation management along roadways and driveways to reduce fire risk. Where appropriate, the Department of Transportation shall be consulted if state infrastructure will be affected. Those projects shall remain consistent with paragraph (1) of subdivision (b).(8) Public education outreach regarding making homes and communities more wildfire resilient, including defensible space training.(9) Projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers.(10) Development of a risk reduction checklist for communities that includes defensible space criteria, structural vulnerability potential, and personal evacuation plans.(d) The department may consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local assistance grants.(e) (1) Until January 1, 2024, the director may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award. The director may authorize a greater amount, not to exceed 50 percent of either the total grant award or the cost of equipment, whichever amount is less, for the purpose of purchasing necessary equipment.(2) The grantee shall expend the funds from the advance payment within 6 months of receipt, unless the department waives this requirement.(3) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(f) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(f)(g) The department may expand or amend an existing grant program to meet the requirements of this section.(g)(h) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature. |
|---|
| 2207 | | - | |
|---|
| 2208 | | - | 4124.5. (a) The department shall establish a local assistance grant program for fire prevention and home hardening education activities in California. Groups eligible for grants shall include, but are not limited to, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified community conservation corps as defined in Section 14507.5, University of California Cooperative Extension, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects.(b) (1) The local assistance grant program shall establish a robust year-round fire prevention effort in and near fire threatened communities that focuses on increasing the protection of people, structures, and communities. To the maximum extent practicable, the grants shall be designed to be durable and adaptively managed so that while improving resiliency to wildfire, the projects, when on forest land, retain a mixture of species and sizes of trees to protect habitat values. The department shall prioritize, to the extent feasible, projects that are multiyear efforts.(2) For purposes of this subdivision, fire threatened communities means those communities in high and very high fire hazard severity zones, identified by the director pursuant to Section 51178 of the Government Code, or Article 9 (commencing with Section 4201) of this code, or on the Fire Risk Reduction Community list maintained by the board pursuant to Section 4290.1.(c) Eligible activities shall include, but not be limited to, all of the following:(1) Development and implementation of public education and outreach programs. Programs may include technical assistance, workforce recruitment and training, and equipment purchases.(2) Fire prevention activities as defined in Section 4124.(3) Projects to improve compliance with defensible space requirements as required by Section 4291 through increased inspections, assessments, and assistance for low-income residents.(4) Technical assistance to local agencies to improve fire prevention and reduce fire hazards.(5) Creation of additional Firewise USA communities in the state or other community planning or certification programs deemed as appropriate by the department.(6) Projects to improve public safety, including, but not limited to, access to emergency equipment and improvements to public evacuation routes.(7) Vegetation management along roadways and driveways to reduce fire risk. Where appropriate, the Department of Transportation shall be consulted if state infrastructure will be affected. Those projects shall remain consistent with paragraph (1) of subdivision (b).(8) Public education outreach regarding making homes and communities more wildfire resilient, including defensible space training.(9) Projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers.(10) Development of a risk reduction checklist for communities that includes defensible space criteria, structural vulnerability potential, and personal evacuation plans.(d) The department may consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local assistance grants.(e) (1) Until January 1, 2024, the director may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award. The director may authorize a greater amount, not to exceed 50 percent of either the total grant award or the cost of equipment, whichever amount is less, for the purpose of purchasing necessary equipment.(2) The grantee shall expend the funds from the advance payment within 6 months of receipt, unless the department waives this requirement.(3) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(f) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(f)(g) The department may expand or amend an existing grant program to meet the requirements of this section.(g)(h) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature. |
|---|
| 2209 | | - | |
|---|
| 2210 | | - | 4124.5. (a) The department shall establish a local assistance grant program for fire prevention and home hardening education activities in California. Groups eligible for grants shall include, but are not limited to, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified community conservation corps as defined in Section 14507.5, University of California Cooperative Extension, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects.(b) (1) The local assistance grant program shall establish a robust year-round fire prevention effort in and near fire threatened communities that focuses on increasing the protection of people, structures, and communities. To the maximum extent practicable, the grants shall be designed to be durable and adaptively managed so that while improving resiliency to wildfire, the projects, when on forest land, retain a mixture of species and sizes of trees to protect habitat values. The department shall prioritize, to the extent feasible, projects that are multiyear efforts.(2) For purposes of this subdivision, fire threatened communities means those communities in high and very high fire hazard severity zones, identified by the director pursuant to Section 51178 of the Government Code, or Article 9 (commencing with Section 4201) of this code, or on the Fire Risk Reduction Community list maintained by the board pursuant to Section 4290.1.(c) Eligible activities shall include, but not be limited to, all of the following:(1) Development and implementation of public education and outreach programs. Programs may include technical assistance, workforce recruitment and training, and equipment purchases.(2) Fire prevention activities as defined in Section 4124.(3) Projects to improve compliance with defensible space requirements as required by Section 4291 through increased inspections, assessments, and assistance for low-income residents.(4) Technical assistance to local agencies to improve fire prevention and reduce fire hazards.(5) Creation of additional Firewise USA communities in the state or other community planning or certification programs deemed as appropriate by the department.(6) Projects to improve public safety, including, but not limited to, access to emergency equipment and improvements to public evacuation routes.(7) Vegetation management along roadways and driveways to reduce fire risk. Where appropriate, the Department of Transportation shall be consulted if state infrastructure will be affected. Those projects shall remain consistent with paragraph (1) of subdivision (b).(8) Public education outreach regarding making homes and communities more wildfire resilient, including defensible space training.(9) Projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers.(10) Development of a risk reduction checklist for communities that includes defensible space criteria, structural vulnerability potential, and personal evacuation plans.(d) The department may consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local assistance grants.(e) (1) Until January 1, 2024, the director may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award. The director may authorize a greater amount, not to exceed 50 percent of either the total grant award or the cost of equipment, whichever amount is less, for the purpose of purchasing necessary equipment.(2) The grantee shall expend the funds from the advance payment within 6 months of receipt, unless the department waives this requirement.(3) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(f) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(f)(g) The department may expand or amend an existing grant program to meet the requirements of this section.(g)(h) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature. |
|---|
| 2211 | | - | |
|---|
| 2212 | | - | |
|---|
| 2213 | | - | |
|---|
| 2214 | | - | 4124.5. (a) The department shall establish a local assistance grant program for fire prevention and home hardening education activities in California. Groups eligible for grants shall include, but are not limited to, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified community conservation corps as defined in Section 14507.5, University of California Cooperative Extension, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects. |
|---|
| 2215 | | - | |
|---|
| 2216 | | - | (b) (1) The local assistance grant program shall establish a robust year-round fire prevention effort in and near fire threatened communities that focuses on increasing the protection of people, structures, and communities. To the maximum extent practicable, the grants shall be designed to be durable and adaptively managed so that while improving resiliency to wildfire, the projects, when on forest land, retain a mixture of species and sizes of trees to protect habitat values. The department shall prioritize, to the extent feasible, projects that are multiyear efforts. |
|---|
| 2217 | | - | |
|---|
| 2218 | | - | (2) For purposes of this subdivision, fire threatened communities means those communities in high and very high fire hazard severity zones, identified by the director pursuant to Section 51178 of the Government Code, or Article 9 (commencing with Section 4201) of this code, or on the Fire Risk Reduction Community list maintained by the board pursuant to Section 4290.1. |
|---|
| 2219 | | - | |
|---|
| 2220 | | - | (c) Eligible activities shall include, but not be limited to, all of the following: |
|---|
| 2221 | | - | |
|---|
| 2222 | | - | (1) Development and implementation of public education and outreach programs. Programs may include technical assistance, workforce recruitment and training, and equipment purchases. |
|---|
| 2223 | | - | |
|---|
| 2224 | | - | (2) Fire prevention activities as defined in Section 4124. |
|---|
| 2225 | | - | |
|---|
| 2226 | | - | (3) Projects to improve compliance with defensible space requirements as required by Section 4291 through increased inspections, assessments, and assistance for low-income residents. |
|---|
| 2227 | | - | |
|---|
| 2228 | | - | (4) Technical assistance to local agencies to improve fire prevention and reduce fire hazards. |
|---|
| 2229 | | - | |
|---|
| 2230 | | - | (5) Creation of additional Firewise USA communities in the state or other community planning or certification programs deemed as appropriate by the department. |
|---|
| 2231 | | - | |
|---|
| 2232 | | - | (6) Projects to improve public safety, including, but not limited to, access to emergency equipment and improvements to public evacuation routes. |
|---|
| 2233 | | - | |
|---|
| 2234 | | - | (7) Vegetation management along roadways and driveways to reduce fire risk. Where appropriate, the Department of Transportation shall be consulted if state infrastructure will be affected. Those projects shall remain consistent with paragraph (1) of subdivision (b). |
|---|
| 2235 | | - | |
|---|
| 2236 | | - | (8) Public education outreach regarding making homes and communities more wildfire resilient, including defensible space training. |
|---|
| 2237 | | - | |
|---|
| 2238 | | - | (9) Projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers. |
|---|
| 2239 | | - | |
|---|
| 2240 | | - | (10) Development of a risk reduction checklist for communities that includes defensible space criteria, structural vulnerability potential, and personal evacuation plans. |
|---|
| 2241 | | - | |
|---|
| 2242 | | - | (d) The department may consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local assistance grants. |
|---|
| 2243 | | - | |
|---|
| 2244 | | - | (e) (1) Until January 1, 2024, the director may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award. The director may authorize a greater amount, not to exceed 50 percent of either the total grant award or the cost of equipment, whichever amount is less, for the purpose of purchasing necessary equipment. |
|---|
| 2245 | | - | |
|---|
| 2246 | | - | (2) The grantee shall expend the funds from the advance payment within 6 months of receipt, unless the department waives this requirement. |
|---|
| 2247 | | - | |
|---|
| 2248 | | - | (3) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter. |
|---|
| 2249 | | - | |
|---|
| 2250 | | - | (f) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code. |
|---|
| 2251 | | - | |
|---|
| 2252 | | - | (f) |
|---|
| 2253 | | - | |
|---|
| 2254 | | - | |
|---|
| 2255 | | - | |
|---|
| 2256 | | - | (g) The department may expand or amend an existing grant program to meet the requirements of this section. |
|---|
| 2257 | | - | |
|---|
| 2258 | | - | (g) |
|---|
| 2259 | | - | |
|---|
| 2260 | | - | |
|---|
| 2261 | | - | |
|---|
| 2262 | | - | (h) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature. |
|---|
| 2263 | | - | |
|---|
| 2264 | | - | SEC. 50. Section 4208.1 of the Public Resources Code is amended to read:4208.1. (a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities.(b) (1) The department shall, upon an appropriation by the Legislature for these purposes, do both of the following:(A) (i) Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program.(ii) Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning.(B) Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(2) Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives:(A) Develop regional priority strategies that develop and support fire adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the Agreement for Shared Stewardship of Californias Forest and Rangelands and Californias Wildfire and Forest Resilience Action Plan.(B) Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration.(C) Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits.(D) Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure.(E) Develop outreach, education, and training as needed to facilitate and build capacity to implement this section.(F) Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection.(c) The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state.(d) To maximize the benefits of the program, the department shall do all of the following:(1) Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity.(2) Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects.(3) Assist regions in identifying potential funding sources for regional priorities.(4) Encourage the development of local cost share opportunities.(5) Publish and update on the departments internet website the following information related to implementation of the program:(A) A list of regional entities and eligible coordinating organizations funded by the program.(B) The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable.(C) A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(e) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code. |
|---|
| 2265 | | - | |
|---|
| 2266 | | - | SEC. 50. Section 4208.1 of the Public Resources Code is amended to read: |
|---|
| 2267 | | - | |
|---|
| 2268 | | - | ### SEC. 50. |
|---|
| 2269 | | - | |
|---|
| 2270 | | - | 4208.1. (a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities.(b) (1) The department shall, upon an appropriation by the Legislature for these purposes, do both of the following:(A) (i) Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program.(ii) Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning.(B) Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(2) Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives:(A) Develop regional priority strategies that develop and support fire adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the Agreement for Shared Stewardship of Californias Forest and Rangelands and Californias Wildfire and Forest Resilience Action Plan.(B) Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration.(C) Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits.(D) Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure.(E) Develop outreach, education, and training as needed to facilitate and build capacity to implement this section.(F) Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection.(c) The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state.(d) To maximize the benefits of the program, the department shall do all of the following:(1) Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity.(2) Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects.(3) Assist regions in identifying potential funding sources for regional priorities.(4) Encourage the development of local cost share opportunities.(5) Publish and update on the departments internet website the following information related to implementation of the program:(A) A list of regional entities and eligible coordinating organizations funded by the program.(B) The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable.(C) A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(e) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code. |
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| 2271 | | - | |
|---|
| 2272 | | - | 4208.1. (a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities.(b) (1) The department shall, upon an appropriation by the Legislature for these purposes, do both of the following:(A) (i) Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program.(ii) Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning.(B) Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(2) Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives:(A) Develop regional priority strategies that develop and support fire adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the Agreement for Shared Stewardship of Californias Forest and Rangelands and Californias Wildfire and Forest Resilience Action Plan.(B) Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration.(C) Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits.(D) Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure.(E) Develop outreach, education, and training as needed to facilitate and build capacity to implement this section.(F) Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection.(c) The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state.(d) To maximize the benefits of the program, the department shall do all of the following:(1) Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity.(2) Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects.(3) Assist regions in identifying potential funding sources for regional priorities.(4) Encourage the development of local cost share opportunities.(5) Publish and update on the departments internet website the following information related to implementation of the program:(A) A list of regional entities and eligible coordinating organizations funded by the program.(B) The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable.(C) A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(e) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code. |
|---|
| 2273 | | - | |
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| 2274 | | - | 4208.1. (a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities.(b) (1) The department shall, upon an appropriation by the Legislature for these purposes, do both of the following:(A) (i) Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program.(ii) Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning.(B) Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(2) Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives:(A) Develop regional priority strategies that develop and support fire adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the Agreement for Shared Stewardship of Californias Forest and Rangelands and Californias Wildfire and Forest Resilience Action Plan.(B) Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration.(C) Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits.(D) Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure.(E) Develop outreach, education, and training as needed to facilitate and build capacity to implement this section.(F) Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection.(c) The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state.(d) To maximize the benefits of the program, the department shall do all of the following:(1) Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity.(2) Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects.(3) Assist regions in identifying potential funding sources for regional priorities.(4) Encourage the development of local cost share opportunities.(5) Publish and update on the departments internet website the following information related to implementation of the program:(A) A list of regional entities and eligible coordinating organizations funded by the program.(B) The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable.(C) A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).(e) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code. |
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| 2275 | | - | |
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| 2276 | | - | |
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| 2277 | | - | |
|---|
| 2278 | | - | 4208.1. (a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional capacity and develop, prioritize, and implement strategies and projects that create fire adapted communities and landscapes by improving ecosystem health, community wildfire preparedness, and fire resilience. For strategies and projects that seek to create fire adapted communities, regional entities shall maximize risk reductions to people and property, especially in the most vulnerable communities. |
|---|
| 2279 | | - | |
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| 2280 | | - | (b) (1) The department shall, upon an appropriation by the Legislature for these purposes, do both of the following: |
|---|
| 2281 | | - | |
|---|
| 2282 | | - | (A) (i) Provide block grants to regional entities to develop regional strategies that develop governance structures, identify wildfire risks, foster collaboration, and prioritize and implement projects within the region to achieve the goals of the program. |
|---|
| 2283 | | - | |
|---|
| 2284 | | - | (ii) Regional priority strategy development shall be in coordination with public landowners and other relevant forest and fire planning efforts in wildfire and forest resiliency planning. |
|---|
| 2285 | | - | |
|---|
| 2286 | | - | (B) Ensure, to the extent feasible, there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201). |
|---|
| 2287 | | - | |
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| 2288 | | - | (2) Regional entities may implement program activities directly or provide subgrants or contracts, and collaborative planning efforts with local entities, including municipal governments, tribal governments, nongovernmental organizations, community organizations, fire safe councils, land trusts, resource conservation districts, joint power authorities, special districts, fire departments, residents, private and public forest landowners and managers, businesses, and others, to assist the regional entity in accomplishing all of the following objectives: |
|---|
| 2289 | | - | |
|---|
| 2290 | | - | (A) Develop regional priority strategies that develop and support fire adapted communities and landscapes by improving forest health, watershed health, fire risk reduction, or fire resilience needed to achieve local, regional, or statewide public safety, climate resiliency, and ecosystem goals included in the Agreement for Shared Stewardship of Californias Forest and Rangelands and Californias Wildfire and Forest Resilience Action Plan. |
|---|
| 2291 | | - | |
|---|
| 2292 | | - | (B) Complete project development and permitting to generate implementation-ready projects that address regional landscape resilience and community fire protection priorities for funding consideration. |
|---|
| 2293 | | - | |
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| 2294 | | - | (C) Implement forest management demonstration projects that showcase scalable models for management, funding, and achieving and quantifying multiple benefits. |
|---|
| 2295 | | - | |
|---|
| 2296 | | - | (D) Implement community fire preparedness demonstration projects that create durable risk reduction for structures and critical community infrastructure. |
|---|
| 2297 | | - | |
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| 2298 | | - | (E) Develop outreach, education, and training as needed to facilitate and build capacity to implement this section. |
|---|
| 2299 | | - | |
|---|
| 2300 | | - | (F) Collect and assess data and information as needed to identify and map communities, infrastructure, forests, and watersheds at risk of, and vulnerable to, wildfire, in collaboration with appropriate state agencies, including, but not limited to, the Department of Forestry and Fire Protection. |
|---|
| 2301 | | - | |
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| 2302 | | - | (c) The department shall, upon an appropriation by the Legislature for these purposes, provide block grants to eligible coordinating organizations under the program to support the statewide implementation of the program through coordination of and technical assistance to regional entities, as well as to support forest health and resilience efforts across regions and throughout the state. |
|---|
| 2303 | | - | |
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| 2304 | | - | (d) To maximize the benefits of the program, the department shall do all of the following: |
|---|
| 2305 | | - | |
|---|
| 2306 | | - | (1) Facilitate peer-to-peer learning within and between regions to share information, experiences, and resources to build regional capacity. |
|---|
| 2307 | | - | |
|---|
| 2308 | | - | (2) Provide technical assistance to regions to enhance regional capacity and assist in the development and prioritization of projects. |
|---|
| 2309 | | - | |
|---|
| 2310 | | - | (3) Assist regions in identifying potential funding sources for regional priorities. |
|---|
| 2311 | | - | |
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| 2312 | | - | (4) Encourage the development of local cost share opportunities. |
|---|
| 2313 | | - | |
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| 2314 | | - | (5) Publish and update on the departments internet website the following information related to implementation of the program: |
|---|
| 2315 | | - | |
|---|
| 2316 | | - | (A) A list of regional entities and eligible coordinating organizations funded by the program. |
|---|
| 2317 | | - | |
|---|
| 2318 | | - | (B) The outcomes of any block grant provided to a regional entity or eligible coordinating organization, including a summary of the benefits, such as the number of people and properties for which wildfire risk has been mitigated, ecosystem health benefits, or other measurements of progress towards state goals for public health and safety, climate resilience, and biodiversity, as applicable. |
|---|
| 2319 | | - | |
|---|
| 2320 | | - | (C) A description of progress towards ensuring there are regional entities to cover every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201). |
|---|
| 2321 | | - | |
|---|
| 2322 | | - | (e) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code. |
|---|
| 2323 | | - | |
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| 2324 | | - | SEC. 51. Section 4799.05 of the Public Resources Code is amended to read:4799.05. (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.(2) (A) Until January 1, 2024, the director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.(B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.(ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.(ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.(iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(3) Until July 1, 2025, the director may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(b) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.(c) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:(1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.(2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this subparagraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.(3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this subparagraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.(d) (1) Division 13 (commencing with Section 21000) does not apply to prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321) if either of the following is satisfied:(A) The primary role of a state or local agency is providing funding or staffing for those projects.(B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.(2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).(3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.(4) Commencing December 31, 2019, and annually thereafter, the department shall report to the relevant policy committees of the Legislature the number of times the process in this subdivision was used.(5) (A) This subdivision shall remain operative only if the Secretary of the Natural Resources Agency certifies on or before January 1 of each year that the National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California have not been substantially amended on or after August 31, 2018.(B) Any CEQA exemption established under this subdivision shall continue in effect for those projects conducted under a National Environmental Policy Act record of decision, finding of no significant impact, or notice of exemption or exclusion that was issued prior to the date by which the Secretary determines that the National Environmental Policy Act or federal forest management laws were substantially amended.(6) This subdivision shall become inoperative on January 1, 2023. |
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| 2325 | | - | |
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| 2326 | | - | SEC. 51. Section 4799.05 of the Public Resources Code is amended to read: |
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| 2327 | | - | |
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| 2328 | | - | ### SEC. 51. |
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| 2329 | | - | |
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| 2330 | | - | 4799.05. (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.(2) (A) Until January 1, 2024, the director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.(B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.(ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.(ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.(iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(3) Until July 1, 2025, the director may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(b) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.(c) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:(1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.(2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this subparagraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.(3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this subparagraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.(d) (1) Division 13 (commencing with Section 21000) does not apply to prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321) if either of the following is satisfied:(A) The primary role of a state or local agency is providing funding or staffing for those projects.(B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.(2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).(3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.(4) Commencing December 31, 2019, and annually thereafter, the department shall report to the relevant policy committees of the Legislature the number of times the process in this subdivision was used.(5) (A) This subdivision shall remain operative only if the Secretary of the Natural Resources Agency certifies on or before January 1 of each year that the National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California have not been substantially amended on or after August 31, 2018.(B) Any CEQA exemption established under this subdivision shall continue in effect for those projects conducted under a National Environmental Policy Act record of decision, finding of no significant impact, or notice of exemption or exclusion that was issued prior to the date by which the Secretary determines that the National Environmental Policy Act or federal forest management laws were substantially amended.(6) This subdivision shall become inoperative on January 1, 2023. |
|---|
| 2331 | | - | |
|---|
| 2332 | | - | 4799.05. (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.(2) (A) Until January 1, 2024, the director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.(B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.(ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.(ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.(iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(3) Until July 1, 2025, the director may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(b) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.(c) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:(1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.(2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this subparagraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.(3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this subparagraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.(d) (1) Division 13 (commencing with Section 21000) does not apply to prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321) if either of the following is satisfied:(A) The primary role of a state or local agency is providing funding or staffing for those projects.(B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.(2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).(3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.(4) Commencing December 31, 2019, and annually thereafter, the department shall report to the relevant policy committees of the Legislature the number of times the process in this subdivision was used.(5) (A) This subdivision shall remain operative only if the Secretary of the Natural Resources Agency certifies on or before January 1 of each year that the National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California have not been substantially amended on or after August 31, 2018.(B) Any CEQA exemption established under this subdivision shall continue in effect for those projects conducted under a National Environmental Policy Act record of decision, finding of no significant impact, or notice of exemption or exclusion that was issued prior to the date by which the Secretary determines that the National Environmental Policy Act or federal forest management laws were substantially amended.(6) This subdivision shall become inoperative on January 1, 2023. |
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| 2333 | | - | |
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| 2334 | | - | 4799.05. (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.(2) (A) Until January 1, 2024, the director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.(B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.(ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.(C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments.(ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.(iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.(3) Until July 1, 2025, the director may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.(b) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.(c) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:(1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.(2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this subparagraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.(3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this subparagraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.(d) (1) Division 13 (commencing with Section 21000) does not apply to prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321) if either of the following is satisfied:(A) The primary role of a state or local agency is providing funding or staffing for those projects.(B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79.(2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1).(3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations.(4) Commencing December 31, 2019, and annually thereafter, the department shall report to the relevant policy committees of the Legislature the number of times the process in this subdivision was used.(5) (A) This subdivision shall remain operative only if the Secretary of the Natural Resources Agency certifies on or before January 1 of each year that the National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California have not been substantially amended on or after August 31, 2018.(B) Any CEQA exemption established under this subdivision shall continue in effect for those projects conducted under a National Environmental Policy Act record of decision, finding of no significant impact, or notice of exemption or exclusion that was issued prior to the date by which the Secretary determines that the National Environmental Policy Act or federal forest management laws were substantially amended.(6) This subdivision shall become inoperative on January 1, 2023. |
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| 2335 | | - | |
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| 2336 | | - | |
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| 2337 | | - | |
|---|
| 2338 | | - | 4799.05. (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. |
|---|
| 2339 | | - | |
|---|
| 2340 | | - | (2) (A) Until January 1, 2024, the director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award. |
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| 2341 | | - | |
|---|
| 2342 | | - | (B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement. |
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| 2343 | | - | |
|---|
| 2344 | | - | (ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter. |
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| 2345 | | - | |
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| 2346 | | - | (C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the departments use of advance payments. |
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| 2347 | | - | |
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| 2348 | | - | (ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. |
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| 2349 | | - | |
|---|
| 2350 | | - | (iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code. |
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| 2351 | | - | |
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| 2352 | | - | (3) Until July 1, 2025, the director may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code. |
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| 2353 | | - | |
|---|
| 2354 | | - | (b) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund. |
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| 2355 | | - | |
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| 2356 | | - | (c) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows: |
|---|
| 2357 | | - | |
|---|
| 2358 | | - | (1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products. |
|---|
| 2359 | | - | |
|---|
| 2360 | | - | (2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this subparagraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department. |
|---|
| 2361 | | - | |
|---|
| 2362 | | - | (3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this subparagraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board. |
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| 2363 | | - | |
|---|
| 2364 | | - | (d) (1) Division 13 (commencing with Section 21000) does not apply to prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321) if either of the following is satisfied: |
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| 2365 | | - | |
|---|
| 2366 | | - | (A) The primary role of a state or local agency is providing funding or staffing for those projects. |
|---|
| 2367 | | - | |
|---|
| 2368 | | - | (B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79. |
|---|
| 2369 | | - | |
|---|
| 2370 | | - | (2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1). |
|---|
| 2371 | | - | |
|---|
| 2372 | | - | (3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations. |
|---|
| 2373 | | - | |
|---|
| 2374 | | - | (4) Commencing December 31, 2019, and annually thereafter, the department shall report to the relevant policy committees of the Legislature the number of times the process in this subdivision was used. |
|---|
| 2375 | | - | |
|---|
| 2376 | | - | (5) (A) This subdivision shall remain operative only if the Secretary of the Natural Resources Agency certifies on or before January 1 of each year that the National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California have not been substantially amended on or after August 31, 2018. |
|---|
| 2377 | | - | |
|---|
| 2378 | | - | (B) Any CEQA exemption established under this subdivision shall continue in effect for those projects conducted under a National Environmental Policy Act record of decision, finding of no significant impact, or notice of exemption or exclusion that was issued prior to the date by which the Secretary determines that the National Environmental Policy Act or federal forest management laws were substantially amended. |
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| 2379 | | - | |
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| 2380 | | - | (6) This subdivision shall become inoperative on January 1, 2023. |
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| 2381 | | - | |
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| 2382 | | - | SEC. 52. Section 75245 is added to the Public Resources Code, to read:75245. (a) The council may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 2383 | | - | |
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| 2384 | | - | SEC. 52. Section 75245 is added to the Public Resources Code, to read: |
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| 2385 | | - | |
|---|
| 2386 | | - | ### SEC. 52. |
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| 2387 | | - | |
|---|
| 2388 | | - | 75245. (a) The council may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 2389 | | - | |
|---|
| 2390 | | - | 75245. (a) The council may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 2391 | | - | |
|---|
| 2392 | | - | 75245. (a) The council may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 2393 | | - | |
|---|
| 2394 | | - | |
|---|
| 2395 | | - | |
|---|
| 2396 | | - | 75245. (a) The council may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code. |
|---|
| 2397 | | - | |
|---|
| 2398 | | - | (b) This section shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 2399 | | - | |
|---|
| 2400 | | - | SEC. 53. Section 95.60 of the Revenue and Taxation Code is amended to read:95.60. (a) It is the intent of the Legislature in enacting this section to assist county assessors in performing property assessments with technology investments.(b) For purposes of this section, the following definitions apply:(1) Authority means a county assessors joint powers authority.(2) Department means the Department of Finance.(3) Lead county means a county designated by the department to accept program funds on behalf of an authority.(3)(4) Program means the County Assessors Grant Program, as established by this section.(c) (1) There is hereby established the County Assessors Grant Program, which shall be operative from July 1, 2022, to June 30, 2025, inclusive.(2) The program shall be administered by the Department of Finance.(3) Program funds shall be granted in a particular fiscal year only upon appropriation by the Legislature for the program in that fiscal year. However, an authority shall comply with the reporting requirement described in subdivision (g), regardless of appropriation, if the authority received program funds in the fiscal year preceding the report.(d) For the 202223 fiscal year, a county assessors joint powers authority may apply to the department, in the form and manner specified by the department. The application may also be in the form of a memorandum of understanding between the department and the authority.(1) The application or memorandum of understanding shall be due to the department by October 1, 2022.(2) (A) The department shall complete its review of an application or memorandum of understanding no later than November 1, 2022. The department shall approve the application or memorandum of understanding if it meets at least the following criteria:(i) A request for information technology-appropriate projects and programs related to the administration of the property tax system that includes the goals the authority seeks to achieve with the program funds.(ii) A description of the deliverables the authority will procure with the program funds, and a description of how those deliverables will be used to achieve the goals described in clause (i).(iii) A timeline for the completion of the deliverables specified in clause (ii) and for the achievement of the goals specified in clause (i).(iv) An assurance that all county assessors offices that request to participate in the projects and programs funded by the program will be afforded the opportunity to do so.(B) If an application or a memorandum of understanding that is missing any of the information described in clause (i) to (iv), inclusive of subparagraph (A), the department shall notify the applicant and the applicant shall provide the missing information within 15 days of notification. If the applicant fails to provide the missing information within the time period, the department shall deny the application or memorandum of understanding.(3) Upon approval, by November 15, 2022, the department shall determine the grant amount and shall notify the State Controllers Office to remit payment to the authority. lead county.(4) Notwithstanding paragraphs (1) to (3), inclusive, if the department denies an application or memorandum, the department may approve a revised application or memorandum submitted by the authority and modify the dates described in this subdivision as appropriate.(e) Upon receipt of the program funds, an authority shall, in the 202223 fiscal year and 30 days prior to expending any funds appropriated for the program, provide the department with a copy of all contracts executed with third-party entities for implementing or operating the program.(f) (1) An authority that receives funding in the 202223 fiscal year shall not be required to reapply for program funds for the 202324 and 202425 fiscal years if the 2023 and 2024 Budget Acts each contain a ten million dollar ($10,000,000) appropriation for purposes of the program.(2) The department may require the authority to submit an amended application or memorandum of understanding for the 202324 or 202425 fiscal years if the Budget Act for that fiscal year does not provide an appropriation for the program or if the appropriation is an amount other than ten million dollars ($10,000,000).(3) Program funds shall be remitted to the authority, if an application or memorandum is approved, by November 15, 2023, for the 202324 fiscal year and November 15, 2024, for the 202425 fiscal year. However, funds may be remitted at a later date, as appropriate, if an application or memorandum is not approved by November 1, 2023, or November 1, 2024, as applicable.(g) No later than October 1, 2023, and each October 1 thereafter until October 1, 2025, an authority that receives program funds shall report the following information to the department, in the form and manner specified by the department:(1) The total amount of program funds expended by the authority in the preceding fiscal year.(2) A description of the purposes for which program funds were expended in the preceding fiscal year, and the associated deliverables received by the authority or the participating counties.(3) A description of how the deliverables specified in paragraph (2) are in furtherance of the goals specified in the authoritys program application or memorandum of understanding.(4) A description of whether the authority is meeting the timeline specified in its application or memorandum of understanding.(5) Any corrections or changes to the information reported in the preceding annual reports, if any, and the reasons for those corrections or changes.(6) Upon the request of the department, the authority shall provide any supplemental information necessary to clarify the information contained in a report submitted pursuant to this subdivision. |
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| 2401 | | - | |
|---|
| 2402 | | - | SEC. 53. Section 95.60 of the Revenue and Taxation Code is amended to read: |
|---|
| 2403 | | - | |
|---|
| 2404 | | - | ### SEC. 53. |
|---|
| 2405 | | - | |
|---|
| 2406 | | - | 95.60. (a) It is the intent of the Legislature in enacting this section to assist county assessors in performing property assessments with technology investments.(b) For purposes of this section, the following definitions apply:(1) Authority means a county assessors joint powers authority.(2) Department means the Department of Finance.(3) Lead county means a county designated by the department to accept program funds on behalf of an authority.(3)(4) Program means the County Assessors Grant Program, as established by this section.(c) (1) There is hereby established the County Assessors Grant Program, which shall be operative from July 1, 2022, to June 30, 2025, inclusive.(2) The program shall be administered by the Department of Finance.(3) Program funds shall be granted in a particular fiscal year only upon appropriation by the Legislature for the program in that fiscal year. However, an authority shall comply with the reporting requirement described in subdivision (g), regardless of appropriation, if the authority received program funds in the fiscal year preceding the report.(d) For the 202223 fiscal year, a county assessors joint powers authority may apply to the department, in the form and manner specified by the department. The application may also be in the form of a memorandum of understanding between the department and the authority.(1) The application or memorandum of understanding shall be due to the department by October 1, 2022.(2) (A) The department shall complete its review of an application or memorandum of understanding no later than November 1, 2022. The department shall approve the application or memorandum of understanding if it meets at least the following criteria:(i) A request for information technology-appropriate projects and programs related to the administration of the property tax system that includes the goals the authority seeks to achieve with the program funds.(ii) A description of the deliverables the authority will procure with the program funds, and a description of how those deliverables will be used to achieve the goals described in clause (i).(iii) A timeline for the completion of the deliverables specified in clause (ii) and for the achievement of the goals specified in clause (i).(iv) An assurance that all county assessors offices that request to participate in the projects and programs funded by the program will be afforded the opportunity to do so.(B) If an application or a memorandum of understanding that is missing any of the information described in clause (i) to (iv), inclusive of subparagraph (A), the department shall notify the applicant and the applicant shall provide the missing information within 15 days of notification. If the applicant fails to provide the missing information within the time period, the department shall deny the application or memorandum of understanding.(3) Upon approval, by November 15, 2022, the department shall determine the grant amount and shall notify the State Controllers Office to remit payment to the authority. lead county.(4) Notwithstanding paragraphs (1) to (3), inclusive, if the department denies an application or memorandum, the department may approve a revised application or memorandum submitted by the authority and modify the dates described in this subdivision as appropriate.(e) Upon receipt of the program funds, an authority shall, in the 202223 fiscal year and 30 days prior to expending any funds appropriated for the program, provide the department with a copy of all contracts executed with third-party entities for implementing or operating the program.(f) (1) An authority that receives funding in the 202223 fiscal year shall not be required to reapply for program funds for the 202324 and 202425 fiscal years if the 2023 and 2024 Budget Acts each contain a ten million dollar ($10,000,000) appropriation for purposes of the program.(2) The department may require the authority to submit an amended application or memorandum of understanding for the 202324 or 202425 fiscal years if the Budget Act for that fiscal year does not provide an appropriation for the program or if the appropriation is an amount other than ten million dollars ($10,000,000).(3) Program funds shall be remitted to the authority, if an application or memorandum is approved, by November 15, 2023, for the 202324 fiscal year and November 15, 2024, for the 202425 fiscal year. However, funds may be remitted at a later date, as appropriate, if an application or memorandum is not approved by November 1, 2023, or November 1, 2024, as applicable.(g) No later than October 1, 2023, and each October 1 thereafter until October 1, 2025, an authority that receives program funds shall report the following information to the department, in the form and manner specified by the department:(1) The total amount of program funds expended by the authority in the preceding fiscal year.(2) A description of the purposes for which program funds were expended in the preceding fiscal year, and the associated deliverables received by the authority or the participating counties.(3) A description of how the deliverables specified in paragraph (2) are in furtherance of the goals specified in the authoritys program application or memorandum of understanding.(4) A description of whether the authority is meeting the timeline specified in its application or memorandum of understanding.(5) Any corrections or changes to the information reported in the preceding annual reports, if any, and the reasons for those corrections or changes.(6) Upon the request of the department, the authority shall provide any supplemental information necessary to clarify the information contained in a report submitted pursuant to this subdivision. |
|---|
| 2407 | | - | |
|---|
| 2408 | | - | 95.60. (a) It is the intent of the Legislature in enacting this section to assist county assessors in performing property assessments with technology investments.(b) For purposes of this section, the following definitions apply:(1) Authority means a county assessors joint powers authority.(2) Department means the Department of Finance.(3) Lead county means a county designated by the department to accept program funds on behalf of an authority.(3)(4) Program means the County Assessors Grant Program, as established by this section.(c) (1) There is hereby established the County Assessors Grant Program, which shall be operative from July 1, 2022, to June 30, 2025, inclusive.(2) The program shall be administered by the Department of Finance.(3) Program funds shall be granted in a particular fiscal year only upon appropriation by the Legislature for the program in that fiscal year. However, an authority shall comply with the reporting requirement described in subdivision (g), regardless of appropriation, if the authority received program funds in the fiscal year preceding the report.(d) For the 202223 fiscal year, a county assessors joint powers authority may apply to the department, in the form and manner specified by the department. The application may also be in the form of a memorandum of understanding between the department and the authority.(1) The application or memorandum of understanding shall be due to the department by October 1, 2022.(2) (A) The department shall complete its review of an application or memorandum of understanding no later than November 1, 2022. The department shall approve the application or memorandum of understanding if it meets at least the following criteria:(i) A request for information technology-appropriate projects and programs related to the administration of the property tax system that includes the goals the authority seeks to achieve with the program funds.(ii) A description of the deliverables the authority will procure with the program funds, and a description of how those deliverables will be used to achieve the goals described in clause (i).(iii) A timeline for the completion of the deliverables specified in clause (ii) and for the achievement of the goals specified in clause (i).(iv) An assurance that all county assessors offices that request to participate in the projects and programs funded by the program will be afforded the opportunity to do so.(B) If an application or a memorandum of understanding that is missing any of the information described in clause (i) to (iv), inclusive of subparagraph (A), the department shall notify the applicant and the applicant shall provide the missing information within 15 days of notification. If the applicant fails to provide the missing information within the time period, the department shall deny the application or memorandum of understanding.(3) Upon approval, by November 15, 2022, the department shall determine the grant amount and shall notify the State Controllers Office to remit payment to the authority. lead county.(4) Notwithstanding paragraphs (1) to (3), inclusive, if the department denies an application or memorandum, the department may approve a revised application or memorandum submitted by the authority and modify the dates described in this subdivision as appropriate.(e) Upon receipt of the program funds, an authority shall, in the 202223 fiscal year and 30 days prior to expending any funds appropriated for the program, provide the department with a copy of all contracts executed with third-party entities for implementing or operating the program.(f) (1) An authority that receives funding in the 202223 fiscal year shall not be required to reapply for program funds for the 202324 and 202425 fiscal years if the 2023 and 2024 Budget Acts each contain a ten million dollar ($10,000,000) appropriation for purposes of the program.(2) The department may require the authority to submit an amended application or memorandum of understanding for the 202324 or 202425 fiscal years if the Budget Act for that fiscal year does not provide an appropriation for the program or if the appropriation is an amount other than ten million dollars ($10,000,000).(3) Program funds shall be remitted to the authority, if an application or memorandum is approved, by November 15, 2023, for the 202324 fiscal year and November 15, 2024, for the 202425 fiscal year. However, funds may be remitted at a later date, as appropriate, if an application or memorandum is not approved by November 1, 2023, or November 1, 2024, as applicable.(g) No later than October 1, 2023, and each October 1 thereafter until October 1, 2025, an authority that receives program funds shall report the following information to the department, in the form and manner specified by the department:(1) The total amount of program funds expended by the authority in the preceding fiscal year.(2) A description of the purposes for which program funds were expended in the preceding fiscal year, and the associated deliverables received by the authority or the participating counties.(3) A description of how the deliverables specified in paragraph (2) are in furtherance of the goals specified in the authoritys program application or memorandum of understanding.(4) A description of whether the authority is meeting the timeline specified in its application or memorandum of understanding.(5) Any corrections or changes to the information reported in the preceding annual reports, if any, and the reasons for those corrections or changes.(6) Upon the request of the department, the authority shall provide any supplemental information necessary to clarify the information contained in a report submitted pursuant to this subdivision. |
|---|
| 2409 | | - | |
|---|
| 2410 | | - | 95.60. (a) It is the intent of the Legislature in enacting this section to assist county assessors in performing property assessments with technology investments.(b) For purposes of this section, the following definitions apply:(1) Authority means a county assessors joint powers authority.(2) Department means the Department of Finance.(3) Lead county means a county designated by the department to accept program funds on behalf of an authority.(3)(4) Program means the County Assessors Grant Program, as established by this section.(c) (1) There is hereby established the County Assessors Grant Program, which shall be operative from July 1, 2022, to June 30, 2025, inclusive.(2) The program shall be administered by the Department of Finance.(3) Program funds shall be granted in a particular fiscal year only upon appropriation by the Legislature for the program in that fiscal year. However, an authority shall comply with the reporting requirement described in subdivision (g), regardless of appropriation, if the authority received program funds in the fiscal year preceding the report.(d) For the 202223 fiscal year, a county assessors joint powers authority may apply to the department, in the form and manner specified by the department. The application may also be in the form of a memorandum of understanding between the department and the authority.(1) The application or memorandum of understanding shall be due to the department by October 1, 2022.(2) (A) The department shall complete its review of an application or memorandum of understanding no later than November 1, 2022. The department shall approve the application or memorandum of understanding if it meets at least the following criteria:(i) A request for information technology-appropriate projects and programs related to the administration of the property tax system that includes the goals the authority seeks to achieve with the program funds.(ii) A description of the deliverables the authority will procure with the program funds, and a description of how those deliverables will be used to achieve the goals described in clause (i).(iii) A timeline for the completion of the deliverables specified in clause (ii) and for the achievement of the goals specified in clause (i).(iv) An assurance that all county assessors offices that request to participate in the projects and programs funded by the program will be afforded the opportunity to do so.(B) If an application or a memorandum of understanding that is missing any of the information described in clause (i) to (iv), inclusive of subparagraph (A), the department shall notify the applicant and the applicant shall provide the missing information within 15 days of notification. If the applicant fails to provide the missing information within the time period, the department shall deny the application or memorandum of understanding.(3) Upon approval, by November 15, 2022, the department shall determine the grant amount and shall notify the State Controllers Office to remit payment to the authority. lead county.(4) Notwithstanding paragraphs (1) to (3), inclusive, if the department denies an application or memorandum, the department may approve a revised application or memorandum submitted by the authority and modify the dates described in this subdivision as appropriate.(e) Upon receipt of the program funds, an authority shall, in the 202223 fiscal year and 30 days prior to expending any funds appropriated for the program, provide the department with a copy of all contracts executed with third-party entities for implementing or operating the program.(f) (1) An authority that receives funding in the 202223 fiscal year shall not be required to reapply for program funds for the 202324 and 202425 fiscal years if the 2023 and 2024 Budget Acts each contain a ten million dollar ($10,000,000) appropriation for purposes of the program.(2) The department may require the authority to submit an amended application or memorandum of understanding for the 202324 or 202425 fiscal years if the Budget Act for that fiscal year does not provide an appropriation for the program or if the appropriation is an amount other than ten million dollars ($10,000,000).(3) Program funds shall be remitted to the authority, if an application or memorandum is approved, by November 15, 2023, for the 202324 fiscal year and November 15, 2024, for the 202425 fiscal year. However, funds may be remitted at a later date, as appropriate, if an application or memorandum is not approved by November 1, 2023, or November 1, 2024, as applicable.(g) No later than October 1, 2023, and each October 1 thereafter until October 1, 2025, an authority that receives program funds shall report the following information to the department, in the form and manner specified by the department:(1) The total amount of program funds expended by the authority in the preceding fiscal year.(2) A description of the purposes for which program funds were expended in the preceding fiscal year, and the associated deliverables received by the authority or the participating counties.(3) A description of how the deliverables specified in paragraph (2) are in furtherance of the goals specified in the authoritys program application or memorandum of understanding.(4) A description of whether the authority is meeting the timeline specified in its application or memorandum of understanding.(5) Any corrections or changes to the information reported in the preceding annual reports, if any, and the reasons for those corrections or changes.(6) Upon the request of the department, the authority shall provide any supplemental information necessary to clarify the information contained in a report submitted pursuant to this subdivision. |
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| 2411 | | - | |
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| 2412 | | - | |
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| 2413 | | - | |
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| 2414 | | - | 95.60. (a) It is the intent of the Legislature in enacting this section to assist county assessors in performing property assessments with technology investments. |
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| 2415 | | - | |
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| 2416 | | - | (b) For purposes of this section, the following definitions apply: |
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| 2417 | | - | |
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| 2418 | | - | (1) Authority means a county assessors joint powers authority. |
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| 2419 | | - | |
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| 2420 | | - | (2) Department means the Department of Finance. |
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| 2421 | | - | |
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| 2422 | | - | (3) Lead county means a county designated by the department to accept program funds on behalf of an authority. |
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| 2423 | | - | |
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| 2424 | | - | (3) |
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| 2425 | | - | |
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| 2426 | | - | |
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| 2427 | | - | |
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| 2428 | | - | (4) Program means the County Assessors Grant Program, as established by this section. |
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| 2429 | | - | |
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| 2430 | | - | (c) (1) There is hereby established the County Assessors Grant Program, which shall be operative from July 1, 2022, to June 30, 2025, inclusive. |
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| 2431 | | - | |
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| 2432 | | - | (2) The program shall be administered by the Department of Finance. |
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| 2433 | | - | |
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| 2434 | | - | (3) Program funds shall be granted in a particular fiscal year only upon appropriation by the Legislature for the program in that fiscal year. However, an authority shall comply with the reporting requirement described in subdivision (g), regardless of appropriation, if the authority received program funds in the fiscal year preceding the report. |
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| 2435 | | - | |
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| 2436 | | - | (d) For the 202223 fiscal year, a county assessors joint powers authority may apply to the department, in the form and manner specified by the department. The application may also be in the form of a memorandum of understanding between the department and the authority. |
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| 2437 | | - | |
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| 2438 | | - | (1) The application or memorandum of understanding shall be due to the department by October 1, 2022. |
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| 2439 | | - | |
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| 2440 | | - | (2) (A) The department shall complete its review of an application or memorandum of understanding no later than November 1, 2022. The department shall approve the application or memorandum of understanding if it meets at least the following criteria: |
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| 2441 | | - | |
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| 2442 | | - | (i) A request for information technology-appropriate projects and programs related to the administration of the property tax system that includes the goals the authority seeks to achieve with the program funds. |
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| 2443 | | - | |
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| 2444 | | - | (ii) A description of the deliverables the authority will procure with the program funds, and a description of how those deliverables will be used to achieve the goals described in clause (i). |
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| 2445 | | - | |
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| 2446 | | - | (iii) A timeline for the completion of the deliverables specified in clause (ii) and for the achievement of the goals specified in clause (i). |
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| 2447 | | - | |
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| 2448 | | - | (iv) An assurance that all county assessors offices that request to participate in the projects and programs funded by the program will be afforded the opportunity to do so. |
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| 2449 | | - | |
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| 2450 | | - | (B) If an application or a memorandum of understanding that is missing any of the information described in clause (i) to (iv), inclusive of subparagraph (A), the department shall notify the applicant and the applicant shall provide the missing information within 15 days of notification. If the applicant fails to provide the missing information within the time period, the department shall deny the application or memorandum of understanding. |
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| 2451 | | - | |
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| 2452 | | - | (3) Upon approval, by November 15, 2022, the department shall determine the grant amount and shall notify the State Controllers Office to remit payment to the authority. lead county. |
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| 2453 | | - | |
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| 2454 | | - | (4) Notwithstanding paragraphs (1) to (3), inclusive, if the department denies an application or memorandum, the department may approve a revised application or memorandum submitted by the authority and modify the dates described in this subdivision as appropriate. |
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| 2455 | | - | |
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| 2456 | | - | (e) Upon receipt of the program funds, an authority shall, in the 202223 fiscal year and 30 days prior to expending any funds appropriated for the program, provide the department with a copy of all contracts executed with third-party entities for implementing or operating the program. |
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| 2457 | | - | |
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| 2458 | | - | (f) (1) An authority that receives funding in the 202223 fiscal year shall not be required to reapply for program funds for the 202324 and 202425 fiscal years if the 2023 and 2024 Budget Acts each contain a ten million dollar ($10,000,000) appropriation for purposes of the program. |
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| 2459 | | - | |
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| 2460 | | - | (2) The department may require the authority to submit an amended application or memorandum of understanding for the 202324 or 202425 fiscal years if the Budget Act for that fiscal year does not provide an appropriation for the program or if the appropriation is an amount other than ten million dollars ($10,000,000). |
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| 2461 | | - | |
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| 2462 | | - | (3) Program funds shall be remitted to the authority, if an application or memorandum is approved, by November 15, 2023, for the 202324 fiscal year and November 15, 2024, for the 202425 fiscal year. However, funds may be remitted at a later date, as appropriate, if an application or memorandum is not approved by November 1, 2023, or November 1, 2024, as applicable. |
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| 2463 | | - | |
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| 2464 | | - | (g) No later than October 1, 2023, and each October 1 thereafter until October 1, 2025, an authority that receives program funds shall report the following information to the department, in the form and manner specified by the department: |
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| 2465 | | - | |
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| 2466 | | - | (1) The total amount of program funds expended by the authority in the preceding fiscal year. |
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| 2467 | | - | |
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| 2468 | | - | (2) A description of the purposes for which program funds were expended in the preceding fiscal year, and the associated deliverables received by the authority or the participating counties. |
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| 2469 | | - | |
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| 2470 | | - | (3) A description of how the deliverables specified in paragraph (2) are in furtherance of the goals specified in the authoritys program application or memorandum of understanding. |
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| 2471 | | - | |
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| 2472 | | - | (4) A description of whether the authority is meeting the timeline specified in its application or memorandum of understanding. |
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| 2473 | | - | |
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| 2474 | | - | (5) Any corrections or changes to the information reported in the preceding annual reports, if any, and the reasons for those corrections or changes. |
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| 2475 | | - | |
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| 2476 | | - | (6) Upon the request of the department, the authority shall provide any supplemental information necessary to clarify the information contained in a report submitted pursuant to this subdivision. |
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| 2477 | | - | |
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| 2478 | | - | SEC. 54. Section 17141.5 is added to the Revenue and Taxation Code, to read:17141.5. (a) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, gross income does not include either of the following:(1) Any funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code).(2) Any funds from the trust account described in paragraph (1) that is withdrawn or transferred by an eligible youth.(b) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code) and any funds from a trust account that is withdrawn or transferred by an eligible youth shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052 and the Young Child Tax Credit pursuant to Section 17052.1. |
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| 2479 | | - | |
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| 2480 | | - | SEC. 54. Section 17141.5 is added to the Revenue and Taxation Code, to read: |
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| 2481 | | - | |
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| 2482 | | - | ### SEC. 54. |
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| 2483 | | - | |
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| 2484 | | - | 17141.5. (a) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, gross income does not include either of the following:(1) Any funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code).(2) Any funds from the trust account described in paragraph (1) that is withdrawn or transferred by an eligible youth.(b) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code) and any funds from a trust account that is withdrawn or transferred by an eligible youth shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052 and the Young Child Tax Credit pursuant to Section 17052.1. |
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| 2485 | | - | |
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| 2486 | | - | 17141.5. (a) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, gross income does not include either of the following:(1) Any funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code).(2) Any funds from the trust account described in paragraph (1) that is withdrawn or transferred by an eligible youth.(b) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code) and any funds from a trust account that is withdrawn or transferred by an eligible youth shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052 and the Young Child Tax Credit pursuant to Section 17052.1. |
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| 2487 | | - | |
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| 2488 | | - | 17141.5. (a) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, gross income does not include either of the following:(1) Any funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code).(2) Any funds from the trust account described in paragraph (1) that is withdrawn or transferred by an eligible youth.(b) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code) and any funds from a trust account that is withdrawn or transferred by an eligible youth shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052 and the Young Child Tax Credit pursuant to Section 17052.1. |
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| 2489 | | - | |
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| 2490 | | - | |
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| 2491 | | - | |
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| 2492 | | - | 17141.5. (a) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, gross income does not include either of the following: |
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| 2493 | | - | |
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| 2494 | | - | (1) Any funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code). |
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| 2495 | | - | |
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| 2496 | | - | (2) Any funds from the trust account described in paragraph (1) that is withdrawn or transferred by an eligible youth. |
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| 2497 | | - | |
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| 2498 | | - | (b) Notwithstanding any other law or guidance, for taxable years beginning on or after January 1, 2023, funds deposited, any investment returns accrued, and any accrued interest in a trust account under the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act (Chapter 16.1 (commencing with Section 18997.5) of Part 6 of Division 9 of the Welfare and Institutions Code) and any funds from a trust account that is withdrawn or transferred by an eligible youth shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052 and the Young Child Tax Credit pursuant to Section 17052.1. |
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| 2499 | | - | |
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| 2500 | | - | SEC. 55. Section 1095 of the Unemployment Insurance Code is amended to read:1095. The director shall permit the use of any information in the directors possession to the extent necessary for any of the following purposes, and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (a) to (e), inclusive:(a) To enable the director or the directors representative to carry out their responsibilities under this code.(b) To properly present a claim for benefits.(c) To acquaint a worker or their authorized agent with the workers existing or prospective right to benefits.(d) To furnish an employer or their authorized agent with information to enable the employer to fully discharge their obligations or safeguard their rights under this division or Division 3 (commencing with Section 9000).(e) To enable an employer to receive a reduction in contribution rate.(f) To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the verification or determination is directly connected with, and limited to, the administration of public social services.(g) To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance.(h) To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.(i) To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title 28 of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs the person, for filing under the normal procedures of that agency.(1) This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list identifying individuals applying for or receiving benefits.(2) The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs.(3) This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits.(4) The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony.(j) To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing.(k) To enable the Division of Labor Standards Enforcement in the Department of Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to Chapter 1 (commencing with Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of, the Labor Code.(l) To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.).(m) To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered.(n) To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been:(1) Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law.(2) Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information.(o) To provide an authorized governmental agency with any and all relevant information that relates to any specific workers compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For purposes of this subdivision, authorized governmental agency means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance. An authorized governmental agency may disclose this information to the State Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from reporting to any board or department the suspected misconduct of any licensee of that body.(p) To enable the Director of Consumer Affairs, or the directors representative, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code.(q) To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, reciprocal agreement means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals.(r) To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees.(s) To provide the State Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to Chapter 9 (commencing with Section 4775) of Division 4.5 of, and Chapter 2 (commencing with Section 7200) and Chapter 3 (commencing with Section 7500) of Division 7 of, the Welfare and Institutions Code.(t) To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations.(u) This section shall not be construed to authorize or permit the use of information obtained in the administration of this code by any private collection agency.(v) The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under Section 1128 or 1128.1 shall not be in violation of Section 1094 if the assessment is final. The disclosure may also include any of the following:(1) The total amount of the assessment.(2) The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment.(3) The facts that resulted in the charging of the penalty under Section 1128 or 1128.1.(w) To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to Section 7068 of the Business and Professions Code.(x) To provide any peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (i) when the requesting peace officer has been designated by the chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(y) To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations.(z) To enable the Chancellor of the California Community Colleges, in accordance with the requirements of Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(aa) To enable the Public Employees Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.(ab) To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(ac) To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations.(ad) (1) To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of:(A) Verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Medi-Cal Access Program provided pursuant to Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph.(B) Verifying or determining the eligibility of an applicant for, or a recipient of, federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, including federal tax credits and cost-sharing assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange.(C) Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to Section 100502 of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program.(2) The information provided under this subdivision shall be subject to the requirements of, and provided to the extent permitted by, federal law and regulations, including Part 603 of Title 20 of the Code of Federal Regulations.(ae) To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department of Motor Vehicles, for filing under the normal procedures of that division.(af) Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law.(ag) To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (c) of Section 69439 of the Education Code.(ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmates employment status and wage history shall be provided for a period of one year, three years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law.(ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs.(aj) (1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the Prison Industry Authority, the Employment Training Panel, and a chief elected official, as that term is defined in Section 3102(9) of Title 29 of the United States Code, to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and 14042 of this code and Sections 2032 and 2038 of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source.(2) The department shall do all of the following:(A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source.(B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision.(C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within 20 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the departments request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.(D) Make publicly available on the departments internet website all of the following:(i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A).(ii) The standard application developed pursuant to subparagraph (B).(iii) The timeframe for information request determinations by the department, as specified in subparagraph (C).(iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision.(v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial.(ak) (1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following:(A) Information provided pursuant to subdivision (i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(2) To enable the State Department of Developmental Services to obtain quarterly wage data and unemployment insurance claim data of consumers served by that department for the purposes of monitoring, program operation and evaluation, and evaluating employment outcomes, of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code.(3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations.(al) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21 (commencing with Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations.(am) (1) To enable the Joint Enforcement Strike Force as established by Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill 1464 of the 201112 Regular Session (Chapter 21 of the Statutes of 2012), to carry out their duties.(2) To provide an agency listed in subdivision (a) of Section 329 intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to Section 15925 of the Government Code.(an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations.(ao) To enable the Department of Fair Employment and Housing Civil Rights Department to carry out its duties, including ensuring compliance with Section 12999 of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (f) of Section 1094.(ap) To enable the Cradle-to-Career Data System, as established by Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to receive employment and earnings data and, as required of the director pursuant to Section 10871 of the Education Code, to provide information to the data system, to the extent permissible by federal laws and regulations.(aq) (1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with, Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations.(2) For purposes of this subdivision, the following definitions apply:(A) Commercial driver has the same meaning as defined in Section 2810.4 of the Labor Code.(B) Port drayage motor carrier has the same meaning as defined in Section 2810.4 of the Labor Code.(C) Short-haul trucking service has the same meaning as defined in Section 39682 of the Health and Safety Code. |
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| 2502 | | - | SEC. 55. Section 1095 of the Unemployment Insurance Code is amended to read: |
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| 2504 | | - | ### SEC. 55. |
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| 2506 | | - | 1095. The director shall permit the use of any information in the directors possession to the extent necessary for any of the following purposes, and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (a) to (e), inclusive:(a) To enable the director or the directors representative to carry out their responsibilities under this code.(b) To properly present a claim for benefits.(c) To acquaint a worker or their authorized agent with the workers existing or prospective right to benefits.(d) To furnish an employer or their authorized agent with information to enable the employer to fully discharge their obligations or safeguard their rights under this division or Division 3 (commencing with Section 9000).(e) To enable an employer to receive a reduction in contribution rate.(f) To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the verification or determination is directly connected with, and limited to, the administration of public social services.(g) To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance.(h) To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.(i) To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title 28 of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs the person, for filing under the normal procedures of that agency.(1) This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list identifying individuals applying for or receiving benefits.(2) The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs.(3) This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits.(4) The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony.(j) To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing.(k) To enable the Division of Labor Standards Enforcement in the Department of Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to Chapter 1 (commencing with Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of, the Labor Code.(l) To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.).(m) To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered.(n) To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been:(1) Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law.(2) Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information.(o) To provide an authorized governmental agency with any and all relevant information that relates to any specific workers compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For purposes of this subdivision, authorized governmental agency means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance. An authorized governmental agency may disclose this information to the State Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from reporting to any board or department the suspected misconduct of any licensee of that body.(p) To enable the Director of Consumer Affairs, or the directors representative, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code.(q) To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, reciprocal agreement means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals.(r) To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees.(s) To provide the State Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to Chapter 9 (commencing with Section 4775) of Division 4.5 of, and Chapter 2 (commencing with Section 7200) and Chapter 3 (commencing with Section 7500) of Division 7 of, the Welfare and Institutions Code.(t) To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations.(u) This section shall not be construed to authorize or permit the use of information obtained in the administration of this code by any private collection agency.(v) The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under Section 1128 or 1128.1 shall not be in violation of Section 1094 if the assessment is final. The disclosure may also include any of the following:(1) The total amount of the assessment.(2) The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment.(3) The facts that resulted in the charging of the penalty under Section 1128 or 1128.1.(w) To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to Section 7068 of the Business and Professions Code.(x) To provide any peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (i) when the requesting peace officer has been designated by the chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(y) To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations.(z) To enable the Chancellor of the California Community Colleges, in accordance with the requirements of Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(aa) To enable the Public Employees Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.(ab) To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(ac) To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations.(ad) (1) To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of:(A) Verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Medi-Cal Access Program provided pursuant to Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph.(B) Verifying or determining the eligibility of an applicant for, or a recipient of, federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, including federal tax credits and cost-sharing assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange.(C) Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to Section 100502 of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program.(2) The information provided under this subdivision shall be subject to the requirements of, and provided to the extent permitted by, federal law and regulations, including Part 603 of Title 20 of the Code of Federal Regulations.(ae) To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department of Motor Vehicles, for filing under the normal procedures of that division.(af) Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law.(ag) To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (c) of Section 69439 of the Education Code.(ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmates employment status and wage history shall be provided for a period of one year, three years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law.(ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs.(aj) (1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the Prison Industry Authority, the Employment Training Panel, and a chief elected official, as that term is defined in Section 3102(9) of Title 29 of the United States Code, to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and 14042 of this code and Sections 2032 and 2038 of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source.(2) The department shall do all of the following:(A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source.(B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision.(C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within 20 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the departments request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.(D) Make publicly available on the departments internet website all of the following:(i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A).(ii) The standard application developed pursuant to subparagraph (B).(iii) The timeframe for information request determinations by the department, as specified in subparagraph (C).(iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision.(v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial.(ak) (1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following:(A) Information provided pursuant to subdivision (i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(2) To enable the State Department of Developmental Services to obtain quarterly wage data and unemployment insurance claim data of consumers served by that department for the purposes of monitoring, program operation and evaluation, and evaluating employment outcomes, of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code.(3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations.(al) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21 (commencing with Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations.(am) (1) To enable the Joint Enforcement Strike Force as established by Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill 1464 of the 201112 Regular Session (Chapter 21 of the Statutes of 2012), to carry out their duties.(2) To provide an agency listed in subdivision (a) of Section 329 intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to Section 15925 of the Government Code.(an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations.(ao) To enable the Department of Fair Employment and Housing Civil Rights Department to carry out its duties, including ensuring compliance with Section 12999 of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (f) of Section 1094.(ap) To enable the Cradle-to-Career Data System, as established by Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to receive employment and earnings data and, as required of the director pursuant to Section 10871 of the Education Code, to provide information to the data system, to the extent permissible by federal laws and regulations.(aq) (1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with, Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations.(2) For purposes of this subdivision, the following definitions apply:(A) Commercial driver has the same meaning as defined in Section 2810.4 of the Labor Code.(B) Port drayage motor carrier has the same meaning as defined in Section 2810.4 of the Labor Code.(C) Short-haul trucking service has the same meaning as defined in Section 39682 of the Health and Safety Code. |
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| 2507 | | - | |
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| 2508 | | - | 1095. The director shall permit the use of any information in the directors possession to the extent necessary for any of the following purposes, and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (a) to (e), inclusive:(a) To enable the director or the directors representative to carry out their responsibilities under this code.(b) To properly present a claim for benefits.(c) To acquaint a worker or their authorized agent with the workers existing or prospective right to benefits.(d) To furnish an employer or their authorized agent with information to enable the employer to fully discharge their obligations or safeguard their rights under this division or Division 3 (commencing with Section 9000).(e) To enable an employer to receive a reduction in contribution rate.(f) To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the verification or determination is directly connected with, and limited to, the administration of public social services.(g) To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance.(h) To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.(i) To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title 28 of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs the person, for filing under the normal procedures of that agency.(1) This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list identifying individuals applying for or receiving benefits.(2) The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs.(3) This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits.(4) The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony.(j) To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing.(k) To enable the Division of Labor Standards Enforcement in the Department of Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to Chapter 1 (commencing with Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of, the Labor Code.(l) To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.).(m) To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered.(n) To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been:(1) Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law.(2) Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information.(o) To provide an authorized governmental agency with any and all relevant information that relates to any specific workers compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For purposes of this subdivision, authorized governmental agency means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance. An authorized governmental agency may disclose this information to the State Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from reporting to any board or department the suspected misconduct of any licensee of that body.(p) To enable the Director of Consumer Affairs, or the directors representative, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code.(q) To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, reciprocal agreement means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals.(r) To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees.(s) To provide the State Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to Chapter 9 (commencing with Section 4775) of Division 4.5 of, and Chapter 2 (commencing with Section 7200) and Chapter 3 (commencing with Section 7500) of Division 7 of, the Welfare and Institutions Code.(t) To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations.(u) This section shall not be construed to authorize or permit the use of information obtained in the administration of this code by any private collection agency.(v) The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under Section 1128 or 1128.1 shall not be in violation of Section 1094 if the assessment is final. The disclosure may also include any of the following:(1) The total amount of the assessment.(2) The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment.(3) The facts that resulted in the charging of the penalty under Section 1128 or 1128.1.(w) To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to Section 7068 of the Business and Professions Code.(x) To provide any peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (i) when the requesting peace officer has been designated by the chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(y) To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations.(z) To enable the Chancellor of the California Community Colleges, in accordance with the requirements of Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(aa) To enable the Public Employees Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.(ab) To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(ac) To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations.(ad) (1) To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of:(A) Verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Medi-Cal Access Program provided pursuant to Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph.(B) Verifying or determining the eligibility of an applicant for, or a recipient of, federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, including federal tax credits and cost-sharing assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange.(C) Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to Section 100502 of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program.(2) The information provided under this subdivision shall be subject to the requirements of, and provided to the extent permitted by, federal law and regulations, including Part 603 of Title 20 of the Code of Federal Regulations.(ae) To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department of Motor Vehicles, for filing under the normal procedures of that division.(af) Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law.(ag) To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (c) of Section 69439 of the Education Code.(ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmates employment status and wage history shall be provided for a period of one year, three years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law.(ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs.(aj) (1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the Prison Industry Authority, the Employment Training Panel, and a chief elected official, as that term is defined in Section 3102(9) of Title 29 of the United States Code, to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and 14042 of this code and Sections 2032 and 2038 of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source.(2) The department shall do all of the following:(A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source.(B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision.(C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within 20 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the departments request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.(D) Make publicly available on the departments internet website all of the following:(i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A).(ii) The standard application developed pursuant to subparagraph (B).(iii) The timeframe for information request determinations by the department, as specified in subparagraph (C).(iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision.(v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial.(ak) (1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following:(A) Information provided pursuant to subdivision (i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(2) To enable the State Department of Developmental Services to obtain quarterly wage data and unemployment insurance claim data of consumers served by that department for the purposes of monitoring, program operation and evaluation, and evaluating employment outcomes, of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code.(3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations.(al) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21 (commencing with Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations.(am) (1) To enable the Joint Enforcement Strike Force as established by Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill 1464 of the 201112 Regular Session (Chapter 21 of the Statutes of 2012), to carry out their duties.(2) To provide an agency listed in subdivision (a) of Section 329 intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to Section 15925 of the Government Code.(an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations.(ao) To enable the Department of Fair Employment and Housing Civil Rights Department to carry out its duties, including ensuring compliance with Section 12999 of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (f) of Section 1094.(ap) To enable the Cradle-to-Career Data System, as established by Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to receive employment and earnings data and, as required of the director pursuant to Section 10871 of the Education Code, to provide information to the data system, to the extent permissible by federal laws and regulations.(aq) (1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with, Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations.(2) For purposes of this subdivision, the following definitions apply:(A) Commercial driver has the same meaning as defined in Section 2810.4 of the Labor Code.(B) Port drayage motor carrier has the same meaning as defined in Section 2810.4 of the Labor Code.(C) Short-haul trucking service has the same meaning as defined in Section 39682 of the Health and Safety Code. |
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| 2509 | | - | |
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| 2510 | | - | 1095. The director shall permit the use of any information in the directors possession to the extent necessary for any of the following purposes, and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (a) to (e), inclusive:(a) To enable the director or the directors representative to carry out their responsibilities under this code.(b) To properly present a claim for benefits.(c) To acquaint a worker or their authorized agent with the workers existing or prospective right to benefits.(d) To furnish an employer or their authorized agent with information to enable the employer to fully discharge their obligations or safeguard their rights under this division or Division 3 (commencing with Section 9000).(e) To enable an employer to receive a reduction in contribution rate.(f) To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the verification or determination is directly connected with, and limited to, the administration of public social services.(g) To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance.(h) To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code.(i) To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title 28 of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs the person, for filing under the normal procedures of that agency.(1) This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list identifying individuals applying for or receiving benefits.(2) The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs.(3) This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits.(4) The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony.(j) To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing.(k) To enable the Division of Labor Standards Enforcement in the Department of Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to Chapter 1 (commencing with Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of, the Labor Code.(l) To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.).(m) To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered.(n) To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been:(1) Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law.(2) Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information.(o) To provide an authorized governmental agency with any and all relevant information that relates to any specific workers compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For purposes of this subdivision, authorized governmental agency means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance. An authorized governmental agency may disclose this information to the State Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from reporting to any board or department the suspected misconduct of any licensee of that body.(p) To enable the Director of Consumer Affairs, or the directors representative, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code.(q) To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, reciprocal agreement means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals.(r) To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees.(s) To provide the State Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to Chapter 9 (commencing with Section 4775) of Division 4.5 of, and Chapter 2 (commencing with Section 7200) and Chapter 3 (commencing with Section 7500) of Division 7 of, the Welfare and Institutions Code.(t) To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations.(u) This section shall not be construed to authorize or permit the use of information obtained in the administration of this code by any private collection agency.(v) The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under Section 1128 or 1128.1 shall not be in violation of Section 1094 if the assessment is final. The disclosure may also include any of the following:(1) The total amount of the assessment.(2) The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment.(3) The facts that resulted in the charging of the penalty under Section 1128 or 1128.1.(w) To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to Section 7068 of the Business and Professions Code.(x) To provide any peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (i) when the requesting peace officer has been designated by the chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(y) To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations.(z) To enable the Chancellor of the California Community Colleges, in accordance with the requirements of Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(aa) To enable the Public Employees Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.(ab) To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.(ac) To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations.(ad) (1) To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of:(A) Verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Medi-Cal Access Program provided pursuant to Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph.(B) Verifying or determining the eligibility of an applicant for, or a recipient of, federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, including federal tax credits and cost-sharing assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange.(C) Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to Section 100502 of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program.(2) The information provided under this subdivision shall be subject to the requirements of, and provided to the extent permitted by, federal law and regulations, including Part 603 of Title 20 of the Code of Federal Regulations.(ae) To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department of Motor Vehicles, for filing under the normal procedures of that division.(af) Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law.(ag) To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (c) of Section 69439 of the Education Code.(ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmates employment status and wage history shall be provided for a period of one year, three years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law.(ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs.(aj) (1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the Prison Industry Authority, the Employment Training Panel, and a chief elected official, as that term is defined in Section 3102(9) of Title 29 of the United States Code, to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and 14042 of this code and Sections 2032 and 2038 of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source.(2) The department shall do all of the following:(A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source.(B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision.(C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within 20 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the departments request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.(D) Make publicly available on the departments internet website all of the following:(i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A).(ii) The standard application developed pursuant to subparagraph (B).(iii) The timeframe for information request determinations by the department, as specified in subparagraph (C).(iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision.(v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial.(ak) (1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following:(A) Information provided pursuant to subdivision (i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.(2) To enable the State Department of Developmental Services to obtain quarterly wage data and unemployment insurance claim data of consumers served by that department for the purposes of monitoring, program operation and evaluation, and evaluating employment outcomes, of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code.(3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations.(al) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21 (commencing with Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations.(am) (1) To enable the Joint Enforcement Strike Force as established by Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill 1464 of the 201112 Regular Session (Chapter 21 of the Statutes of 2012), to carry out their duties.(2) To provide an agency listed in subdivision (a) of Section 329 intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to Section 15925 of the Government Code.(an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations.(ao) To enable the Department of Fair Employment and Housing Civil Rights Department to carry out its duties, including ensuring compliance with Section 12999 of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (f) of Section 1094.(ap) To enable the Cradle-to-Career Data System, as established by Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to receive employment and earnings data and, as required of the director pursuant to Section 10871 of the Education Code, to provide information to the data system, to the extent permissible by federal laws and regulations.(aq) (1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with, Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations.(2) For purposes of this subdivision, the following definitions apply:(A) Commercial driver has the same meaning as defined in Section 2810.4 of the Labor Code.(B) Port drayage motor carrier has the same meaning as defined in Section 2810.4 of the Labor Code.(C) Short-haul trucking service has the same meaning as defined in Section 39682 of the Health and Safety Code. |
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| 2511 | | - | |
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| 2512 | | - | |
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| 2513 | | - | |
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| 2514 | | - | 1095. The director shall permit the use of any information in the directors possession to the extent necessary for any of the following purposes, and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (a) to (e), inclusive: |
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| 2515 | | - | |
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| 2516 | | - | (a) To enable the director or the directors representative to carry out their responsibilities under this code. |
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| 2517 | | - | |
|---|
| 2518 | | - | (b) To properly present a claim for benefits. |
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| 2519 | | - | |
|---|
| 2520 | | - | (c) To acquaint a worker or their authorized agent with the workers existing or prospective right to benefits. |
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| 2521 | | - | |
|---|
| 2522 | | - | (d) To furnish an employer or their authorized agent with information to enable the employer to fully discharge their obligations or safeguard their rights under this division or Division 3 (commencing with Section 9000). |
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| 2523 | | - | |
|---|
| 2524 | | - | (e) To enable an employer to receive a reduction in contribution rate. |
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| 2525 | | - | |
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| 2526 | | - | (f) To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the verification or determination is directly connected with, and limited to, the administration of public social services. |
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| 2527 | | - | |
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| 2528 | | - | (g) To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance. |
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| 2529 | | - | |
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| 2530 | | - | (h) To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code. |
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| 2531 | | - | |
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| 2532 | | - | (i) To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title 28 of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs the person, for filing under the normal procedures of that agency. |
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| 2533 | | - | |
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| 2534 | | - | (1) This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list identifying individuals applying for or receiving benefits. |
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| 2535 | | - | |
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| 2536 | | - | (2) The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs. |
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| 2537 | | - | |
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| 2538 | | - | (3) This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits. |
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| 2539 | | - | |
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| 2540 | | - | (4) The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony. |
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| 2541 | | - | |
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| 2542 | | - | (j) To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing. |
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| 2543 | | - | |
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| 2544 | | - | (k) To enable the Division of Labor Standards Enforcement in the Department of Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to Chapter 1 (commencing with Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of, the Labor Code. |
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| 2545 | | - | |
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| 2546 | | - | (l) To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.). |
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| 2547 | | - | |
|---|
| 2548 | | - | (m) To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered. |
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| 2549 | | - | |
|---|
| 2550 | | - | (n) To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been: |
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| 2551 | | - | |
|---|
| 2552 | | - | (1) Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law. |
|---|
| 2553 | | - | |
|---|
| 2554 | | - | (2) Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information. |
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| 2555 | | - | |
|---|
| 2556 | | - | (o) To provide an authorized governmental agency with any and all relevant information that relates to any specific workers compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For purposes of this subdivision, authorized governmental agency means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance. An authorized governmental agency may disclose this information to the State Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from reporting to any board or department the suspected misconduct of any licensee of that body. |
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| 2557 | | - | |
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| 2558 | | - | (p) To enable the Director of Consumer Affairs, or the directors representative, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code. |
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| 2559 | | - | |
|---|
| 2560 | | - | (q) To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, reciprocal agreement means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals. |
|---|
| 2561 | | - | |
|---|
| 2562 | | - | (r) To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees. |
|---|
| 2563 | | - | |
|---|
| 2564 | | - | (s) To provide the State Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to Chapter 9 (commencing with Section 4775) of Division 4.5 of, and Chapter 2 (commencing with Section 7200) and Chapter 3 (commencing with Section 7500) of Division 7 of, the Welfare and Institutions Code. |
|---|
| 2565 | | - | |
|---|
| 2566 | | - | (t) To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations. |
|---|
| 2567 | | - | |
|---|
| 2568 | | - | (u) This section shall not be construed to authorize or permit the use of information obtained in the administration of this code by any private collection agency. |
|---|
| 2569 | | - | |
|---|
| 2570 | | - | (v) The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under Section 1128 or 1128.1 shall not be in violation of Section 1094 if the assessment is final. The disclosure may also include any of the following: |
|---|
| 2571 | | - | |
|---|
| 2572 | | - | (1) The total amount of the assessment. |
|---|
| 2573 | | - | |
|---|
| 2574 | | - | (2) The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment. |
|---|
| 2575 | | - | |
|---|
| 2576 | | - | (3) The facts that resulted in the charging of the penalty under Section 1128 or 1128.1. |
|---|
| 2577 | | - | |
|---|
| 2578 | | - | (w) To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to Section 7068 of the Business and Professions Code. |
|---|
| 2579 | | - | |
|---|
| 2580 | | - | (x) To provide any peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (i) when the requesting peace officer has been designated by the chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act. |
|---|
| 2581 | | - | |
|---|
| 2582 | | - | (y) To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations. |
|---|
| 2583 | | - | |
|---|
| 2584 | | - | (z) To enable the Chancellor of the California Community Colleges, in accordance with the requirements of Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations. |
|---|
| 2585 | | - | |
|---|
| 2586 | | - | (aa) To enable the Public Employees Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code. |
|---|
| 2587 | | - | |
|---|
| 2588 | | - | (ab) To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations. |
|---|
| 2589 | | - | |
|---|
| 2590 | | - | (ac) To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations. |
|---|
| 2591 | | - | |
|---|
| 2592 | | - | (ad) (1) To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of: |
|---|
| 2593 | | - | |
|---|
| 2594 | | - | (A) Verifying or determining the eligibility of an applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Medi-Cal Access Program provided pursuant to Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph. |
|---|
| 2595 | | - | |
|---|
| 2596 | | - | (B) Verifying or determining the eligibility of an applicant for, or a recipient of, federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, including federal tax credits and cost-sharing assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange. |
|---|
| 2597 | | - | |
|---|
| 2598 | | - | (C) Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to Section 100502 of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program. |
|---|
| 2599 | | - | |
|---|
| 2600 | | - | (2) The information provided under this subdivision shall be subject to the requirements of, and provided to the extent permitted by, federal law and regulations, including Part 603 of Title 20 of the Code of Federal Regulations. |
|---|
| 2601 | | - | |
|---|
| 2602 | | - | (ae) To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department of Motor Vehicles, for filing under the normal procedures of that division. |
|---|
| 2603 | | - | |
|---|
| 2604 | | - | (af) Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing and submitting the report and only to the extent not prohibited by federal law. |
|---|
| 2605 | | - | |
|---|
| 2606 | | - | (ag) To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (c) of Section 69439 of the Education Code. |
|---|
| 2607 | | - | |
|---|
| 2608 | | - | (ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmates employment status and wage history shall be provided for a period of one year, three years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law. |
|---|
| 2609 | | - | |
|---|
| 2610 | | - | (ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs. |
|---|
| 2611 | | - | |
|---|
| 2612 | | - | (aj) (1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the Prison Industry Authority, the Employment Training Panel, and a chief elected official, as that term is defined in Section 3102(9) of Title 29 of the United States Code, to access any relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and 14042 of this code and Sections 2032 and 2038 of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source. |
|---|
| 2613 | | - | |
|---|
| 2614 | | - | (2) The department shall do all of the following: |
|---|
| 2615 | | - | |
|---|
| 2616 | | - | (A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source. |
|---|
| 2617 | | - | |
|---|
| 2618 | | - | (B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision. |
|---|
| 2619 | | - | |
|---|
| 2620 | | - | (C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within 20 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the departments request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial. |
|---|
| 2621 | | - | |
|---|
| 2622 | | - | (D) Make publicly available on the departments internet website all of the following: |
|---|
| 2623 | | - | |
|---|
| 2624 | | - | (i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A). |
|---|
| 2625 | | - | |
|---|
| 2626 | | - | (ii) The standard application developed pursuant to subparagraph (B). |
|---|
| 2627 | | - | |
|---|
| 2628 | | - | (iii) The timeframe for information request determinations by the department, as specified in subparagraph (C). |
|---|
| 2629 | | - | |
|---|
| 2630 | | - | (iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision. |
|---|
| 2631 | | - | |
|---|
| 2632 | | - | (v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial. |
|---|
| 2633 | | - | |
|---|
| 2634 | | - | (ak) (1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following: |
|---|
| 2635 | | - | |
|---|
| 2636 | | - | (A) Information provided pursuant to subdivision (i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act. |
|---|
| 2637 | | - | |
|---|
| 2638 | | - | (B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act. |
|---|
| 2639 | | - | |
|---|
| 2640 | | - | (2) To enable the State Department of Developmental Services to obtain quarterly wage data and unemployment insurance claim data of consumers served by that department for the purposes of monitoring, program operation and evaluation, and evaluating employment outcomes, of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code. |
|---|
| 2641 | | - | |
|---|
| 2642 | | - | (3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations. |
|---|
| 2643 | | - | |
|---|
| 2644 | | - | (al) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21 (commencing with Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations. |
|---|
| 2645 | | - | |
|---|
| 2646 | | - | (am) (1) To enable the Joint Enforcement Strike Force as established by Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill 1464 of the 201112 Regular Session (Chapter 21 of the Statutes of 2012), to carry out their duties. |
|---|
| 2647 | | - | |
|---|
| 2648 | | - | (2) To provide an agency listed in subdivision (a) of Section 329 intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to Section 15925 of the Government Code. |
|---|
| 2649 | | - | |
|---|
| 2650 | | - | (an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations. |
|---|
| 2651 | | - | |
|---|
| 2652 | | - | (ao) To enable the Department of Fair Employment and Housing Civil Rights Department to carry out its duties, including ensuring compliance with Section 12999 of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (f) of Section 1094. |
|---|
| 2653 | | - | |
|---|
| 2654 | | - | (ap) To enable the Cradle-to-Career Data System, as established by Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to receive employment and earnings data and, as required of the director pursuant to Section 10871 of the Education Code, to provide information to the data system, to the extent permissible by federal laws and regulations. |
|---|
| 2655 | | - | |
|---|
| 2656 | | - | (aq) (1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with, Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations. |
|---|
| 2657 | | - | |
|---|
| 2658 | | - | (2) For purposes of this subdivision, the following definitions apply: |
|---|
| 2659 | | - | |
|---|
| 2660 | | - | (A) Commercial driver has the same meaning as defined in Section 2810.4 of the Labor Code. |
|---|
| 2661 | | - | |
|---|
| 2662 | | - | (B) Port drayage motor carrier has the same meaning as defined in Section 2810.4 of the Labor Code. |
|---|
| 2663 | | - | |
|---|
| 2664 | | - | (C) Short-haul trucking service has the same meaning as defined in Section 39682 of the Health and Safety Code. |
|---|
| 2665 | | - | |
|---|
| 2666 | | - | SEC. 56. Section 14531 of the Unemployment Insurance Code is amended to read:14531. (a) (1) There is hereby established within the Workforce Services Branch of the Employment Development Department, the Community Economic Resilience Fund Program, to build an equitable and sustainable economic recovery from the impacts of COVID-19 on Californias industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy.(2) The branch shall administer the Community Economic Resilience Fund Program. The program shall be governed by the provisions of this chapter.(b) (1) The program shall be administered by the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development. These three agencies shall be referred to as the Inter-Agency Leadership Team and shall jointly be responsible for planning, oversight, and decision-making, including, but not limited to all of the following:(A) Identifying the geographic boundaries of regions in a way that prioritizes economic recovery and transition strategies and is consistent with other state definition of regional economic and labor markets.(B) Creating program guidelines and evaluation metrics that, at a minimum, support federal reporting.(C) Designing a competitive grant structure for CERF investments.(D) Developing technical assistance and evaluation infrastructure.(E) Tracking and reporting progress and deliverables.(2) Program implementation shall be undertaken by the Workforce Services Branch of the Employment Development Department under the direction of the Inter-Agency Leadership Team. It is the intent of the Legislature that CERF be designed to build a more robust, sustainable, and equitable recovery across all sectors of Californias economy.(3) The Inter-Agency Leadership Team, as established in paragraph (1), shall develop policies for grant funds distributed in this chapter to fund regional programs and economic development strategies that directly complement state and federal infrastructure investments in multiple sectors, including housing, transportation, advanced energy, broadband, and natural resources, and connect, in each of those sectors, to any existing or emerging high road training partnerships. Policies and guidelines developed under this provision shall be made publicly available on the Labor and Workforce Development Agencys internet website.(4) (A) The Inter-Agency Leadership Team shall consist of the senior cabinet-level appointees, or their designees, representing the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development, with policy guidance from subject matter experts within those state entities.(B) The Inter-Agency Leadership Team shall be supported administratively by the Office of Planning and Research. Administrative support shall include support for convenings, meetings, agendas, gathering, analyzing and communicating stakeholder input, and summarizing guidelines for solicitations and providing this policy guidance to the Workforce Services Branch. The Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development shall sign memoranda of understanding or inter-agency agreements for purposes of confirming each of their roles and responsibilities in the Interagency Leadership Team.(c) (1) The program shall provide financial support to establish and support high road transition collaboratives in designing region- and industry-specific economic recovery and transition strategies. The program shall include a focus on those regions and communities most affected by the economic impact of COVID-19, as authorized in federal guidance, and whose economic distress has been exacerbated by COVID-19 and compounded by macroeconomic impacts, such as the global transition to carbon neutrality or the western region of the United States acute vulnerability to climate change impacts.(2) The program, through these collaboratives, shall support transparent and inclusive processes for shared problem solving to advance long-term prosperity and equity.(3) The collaboratives shall work directly with the community capacity-building programs initially established by Chapter 377 of the Statutes of 2018, pursuant to Part 3.6 (commencing with Section 71130) of Division 34 of the Public Resources Code, to support active and equitable community engagement.(4) The collaboratives shall include balanced representation from labor, business, community, government, and other stakeholders, including, but not limited to, economic development, philanthropy, education, and workforce partners to be designated in the program guidelines.(d) Planning grants shall be awarded on a competitive basis to establish and support at least one High Road Transition Collaborative per region in areas that have had disproportionate impacts due to COVID-19. The Inter-Agency Leadership Team shall establish evaluation criteria consistent with the state planning priorities established pursuant to Section 65041.1 of the Government Code and, if necessary, with any applicable guidelines for evaluation set out in the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations. The Inter-Agency Leadership Team shall establish additional criteria and detailed metrics in the program guidelines, consistent with the goals of the program outlined in subdivisions (b) and (c), including the following core activities:(1) Identify a skilled and impartial convener to build an inclusive planning table, as described in paragraph (4) of subdivision (h), and facilitate and collaborate with each designated partner entity to develop the transition plans, to solicit, consider, and respond to comments from collaborative members, and to provide equitable public participation and input.(2) Develop one or more regional and subregional economic recovery and transition plans addressing essential elements of a high road strategy, including economic diversification, industry planning, workforce development, and the identification and integration of current or supplemental safety net programs. This plan shall include industry cluster and labor market analysis, with actionable research and consultation from the University of California or other expert institutions, and focus on economic recovery, growth, and resilience across multiple sectors. The plans shall prioritize the creation of high-quality jobs and equitable access to them, and emphasize where possible the development of sustainable and resilient industries, such as renewable energy, energy efficiency, carbon removal, and zero-emission vehicles, advanced manufacturing, agriculture and forestry, and climate restoration and resilience.(3) Disseminate these transition plans to all interested parties. The plan or plans provided by each high road transition collaborative shall be made publicly available on the Labor and Workforce Development Agencys internet website.(e) (1) Implementation grants shall be awarded on a rolling and competitive basis. This grant program shall be structured to provide a small initial tranche of funding for economic diversification pilots with demonstrable high road elements in those regions already engaged in economic recovery and transition planning. The majority of funds shall be used to provide, through June 30, 2024, economic development grants on a rolling basis, informed by the work of high road transition collaboratives.(2) The grant recipients shall demonstrate a plan to fully spend or obligate by December 31, 2024, all funds received pursuant to this subdivision, and shall pay all obligations by December 31, 2026.(3) The implementation grants shall also meet all of the following requirements:(A) Support work prioritized through the high road transition collaborative planning process with the high road intent of this program.(B) Demonstrate support of the regional intermediary and alignment with the high road transition collaborative plan.(C) Support labor standards where applicable, such as prevailing wage, project labor agreements, or community workforce agreements.(D) Address geographic equity, accounting for differences in urban, suburban, rural, and tribal communities, and emphasize investment in underserved jurisdictions.(E) Organize strategies by industry or geography, or both, within and across regions, with the potential to focus on regionwide strategies or on one or more specific priority projects within a region.(F) Include a range of activities related to economic diversification, including, but not limited to, creating innovation hubs for key growth industries, expanding incubator or accelerator programs that provide technical assistance for small business owners to connect to larger industry clusters, and other projects and activities that advance a high road economy.(G) Coordinate with, advance, and complement, without supplanting, state and federal infrastructure investments.(H) Align with regional workforce needs by linking directly to high road training partnerships or high road construction careers training programs wherever such partnerships exist or emerge in the region.(f) The Labor and Workforce Development Agency, working with the Office of Planning and Research, and the Governors Office of Business and Economic Development, shall manage the design and operation of all program solicitation and award processes, including the administration of and accountability for both the planning and implementation grants. The Workforce Services Branch shall manage funds and contracts under direction of the Inter-Agency Leadership Team. This includes, but is not limited to, all of the following:(1) Solicitation, management and execution of all grants and contracts, based on guidelines developed by the Inter-Agency Leadership Team.(2) Oversight and monitoring for fiscal integrity.(3) If necessary and as applicable, federal reporting and compliance consistent with the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations.(4) Quarterly reporting to the Inter-Agency Leadership Team.(5) Beginning December 31, 2022, annual reporting to the Joint Legislative Budget Committee and the applicable Senate and Assembly budget subcommittees. The report shall include a detailed summary of grants awarded, fiscal and federal compliance, and progress on individual program objectives and related high road metrics, including equity, inclusivity, job quality, and sustainability, as designated in program guidelines and assessed by inter-agency program staff.(6) Commencing June 31, 2023, supplemental annual reporting to the Legislature, in accordance with Section 9795 of the Government Code, that includes a concise written discussion, based on the experience and expertise of the Inter-Agency Leadership Team and program staff, describing key findings on regional trends in sustainable economic recovery, and common challenges in the development and implementation of high road transition strategies.(7) Procurement of a comprehensive third-party evaluation to be completed, with guidance and oversight from the Inter-Agency Leadership Team, no less than six months after all available outcome data is available.(g) All CERF grantees shall fulfill the outcome and reporting requirements required by this chapter as established by the Inter-Agency Leadership Team and, if applicable, as required by the federal American Rescue Plan Act of 2021, United States Department of the U.S. Treasury guidance and regulations, and fiscal oversight by the Employment Development Department. In addition to and in alignment with paragraphs (5) and (6) of subdivision (f), these reporting requirements shall include:(1) A detailed analysis of grantee challenges and achievements, whether relating to convening an inclusive regional planning process, developing a comprehensive high road recovery plan, or implementing a strategy to create high road jobs. This shall include measurable progress toward target outcomes, including job creation, increase in number of jobs per region, average increases in hourly wages of entered employed individuals placed in jobs, job retention, number of individuals impacted through services, such as training, supportive services, or job placement, as enumerated in CERF guidelines and individual contracts in accord with each of the above jurisdictions.(2) A more general discussion of the challenges and opportunities of designing and implementing a high road transition vision in a particular place or industry. At a minimum, grantees shall report the number and types of stakeholders directly involved in CERF planning or investing, the nature and extent of their participation, and related efforts to build capacity among community, labor, local government, or other key stakeholder groups.(h) For the purposes of this chapter, the following definitions apply:(1) CERF shall mean the Community Economic Resilience Fund Program.(2) High road has the same meaning as used in subdivision (r) of Section 14005.(3) High road construction careers has the same meaning as used in subdivision (t) of Section 14005.(4) High road transition collaboratives or collaboratives are broad-based regional groups convened by a skilled and impartial intermediary to plan for economic recovery and a sustainable and equitable economic future. These collaboratives shall prioritize equity, sustainability, and job quality, and advance a shared prosperity where workers and communities across Californias diverse regions share equally in the benefits of a carbon-neutral future. Minimum membership and representation shall be as described in subdivision (c).(5) High road training partnerships has the same meaning as used in subdivision (s) in Section 14005.(i) Until July 1, 2025, the administering agency may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(i)(j) All criteria, guidelines, and policies developed for the administration of the program shall be exempt from the rulemaking provisions of the Administrative Procedures Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(j)(k) This chapter shall become operative when an appropriation is made by the Legislature for the purposes of carrying out the provisions of this chapter. The branch shall post notice of the appropriation on the home page of its internet website and send notice of the appropriation to the Legislative Counsel. |
|---|
| 2667 | | - | |
|---|
| 2668 | | - | SEC. 56. Section 14531 of the Unemployment Insurance Code is amended to read: |
|---|
| 2669 | | - | |
|---|
| 2670 | | - | ### SEC. 56. |
|---|
| 2671 | | - | |
|---|
| 2672 | | - | 14531. (a) (1) There is hereby established within the Workforce Services Branch of the Employment Development Department, the Community Economic Resilience Fund Program, to build an equitable and sustainable economic recovery from the impacts of COVID-19 on Californias industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy.(2) The branch shall administer the Community Economic Resilience Fund Program. The program shall be governed by the provisions of this chapter.(b) (1) The program shall be administered by the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development. These three agencies shall be referred to as the Inter-Agency Leadership Team and shall jointly be responsible for planning, oversight, and decision-making, including, but not limited to all of the following:(A) Identifying the geographic boundaries of regions in a way that prioritizes economic recovery and transition strategies and is consistent with other state definition of regional economic and labor markets.(B) Creating program guidelines and evaluation metrics that, at a minimum, support federal reporting.(C) Designing a competitive grant structure for CERF investments.(D) Developing technical assistance and evaluation infrastructure.(E) Tracking and reporting progress and deliverables.(2) Program implementation shall be undertaken by the Workforce Services Branch of the Employment Development Department under the direction of the Inter-Agency Leadership Team. It is the intent of the Legislature that CERF be designed to build a more robust, sustainable, and equitable recovery across all sectors of Californias economy.(3) The Inter-Agency Leadership Team, as established in paragraph (1), shall develop policies for grant funds distributed in this chapter to fund regional programs and economic development strategies that directly complement state and federal infrastructure investments in multiple sectors, including housing, transportation, advanced energy, broadband, and natural resources, and connect, in each of those sectors, to any existing or emerging high road training partnerships. Policies and guidelines developed under this provision shall be made publicly available on the Labor and Workforce Development Agencys internet website.(4) (A) The Inter-Agency Leadership Team shall consist of the senior cabinet-level appointees, or their designees, representing the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development, with policy guidance from subject matter experts within those state entities.(B) The Inter-Agency Leadership Team shall be supported administratively by the Office of Planning and Research. Administrative support shall include support for convenings, meetings, agendas, gathering, analyzing and communicating stakeholder input, and summarizing guidelines for solicitations and providing this policy guidance to the Workforce Services Branch. The Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development shall sign memoranda of understanding or inter-agency agreements for purposes of confirming each of their roles and responsibilities in the Interagency Leadership Team.(c) (1) The program shall provide financial support to establish and support high road transition collaboratives in designing region- and industry-specific economic recovery and transition strategies. The program shall include a focus on those regions and communities most affected by the economic impact of COVID-19, as authorized in federal guidance, and whose economic distress has been exacerbated by COVID-19 and compounded by macroeconomic impacts, such as the global transition to carbon neutrality or the western region of the United States acute vulnerability to climate change impacts.(2) The program, through these collaboratives, shall support transparent and inclusive processes for shared problem solving to advance long-term prosperity and equity.(3) The collaboratives shall work directly with the community capacity-building programs initially established by Chapter 377 of the Statutes of 2018, pursuant to Part 3.6 (commencing with Section 71130) of Division 34 of the Public Resources Code, to support active and equitable community engagement.(4) The collaboratives shall include balanced representation from labor, business, community, government, and other stakeholders, including, but not limited to, economic development, philanthropy, education, and workforce partners to be designated in the program guidelines.(d) Planning grants shall be awarded on a competitive basis to establish and support at least one High Road Transition Collaborative per region in areas that have had disproportionate impacts due to COVID-19. The Inter-Agency Leadership Team shall establish evaluation criteria consistent with the state planning priorities established pursuant to Section 65041.1 of the Government Code and, if necessary, with any applicable guidelines for evaluation set out in the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations. The Inter-Agency Leadership Team shall establish additional criteria and detailed metrics in the program guidelines, consistent with the goals of the program outlined in subdivisions (b) and (c), including the following core activities:(1) Identify a skilled and impartial convener to build an inclusive planning table, as described in paragraph (4) of subdivision (h), and facilitate and collaborate with each designated partner entity to develop the transition plans, to solicit, consider, and respond to comments from collaborative members, and to provide equitable public participation and input.(2) Develop one or more regional and subregional economic recovery and transition plans addressing essential elements of a high road strategy, including economic diversification, industry planning, workforce development, and the identification and integration of current or supplemental safety net programs. This plan shall include industry cluster and labor market analysis, with actionable research and consultation from the University of California or other expert institutions, and focus on economic recovery, growth, and resilience across multiple sectors. The plans shall prioritize the creation of high-quality jobs and equitable access to them, and emphasize where possible the development of sustainable and resilient industries, such as renewable energy, energy efficiency, carbon removal, and zero-emission vehicles, advanced manufacturing, agriculture and forestry, and climate restoration and resilience.(3) Disseminate these transition plans to all interested parties. The plan or plans provided by each high road transition collaborative shall be made publicly available on the Labor and Workforce Development Agencys internet website.(e) (1) Implementation grants shall be awarded on a rolling and competitive basis. This grant program shall be structured to provide a small initial tranche of funding for economic diversification pilots with demonstrable high road elements in those regions already engaged in economic recovery and transition planning. The majority of funds shall be used to provide, through June 30, 2024, economic development grants on a rolling basis, informed by the work of high road transition collaboratives.(2) The grant recipients shall demonstrate a plan to fully spend or obligate by December 31, 2024, all funds received pursuant to this subdivision, and shall pay all obligations by December 31, 2026.(3) The implementation grants shall also meet all of the following requirements:(A) Support work prioritized through the high road transition collaborative planning process with the high road intent of this program.(B) Demonstrate support of the regional intermediary and alignment with the high road transition collaborative plan.(C) Support labor standards where applicable, such as prevailing wage, project labor agreements, or community workforce agreements.(D) Address geographic equity, accounting for differences in urban, suburban, rural, and tribal communities, and emphasize investment in underserved jurisdictions.(E) Organize strategies by industry or geography, or both, within and across regions, with the potential to focus on regionwide strategies or on one or more specific priority projects within a region.(F) Include a range of activities related to economic diversification, including, but not limited to, creating innovation hubs for key growth industries, expanding incubator or accelerator programs that provide technical assistance for small business owners to connect to larger industry clusters, and other projects and activities that advance a high road economy.(G) Coordinate with, advance, and complement, without supplanting, state and federal infrastructure investments.(H) Align with regional workforce needs by linking directly to high road training partnerships or high road construction careers training programs wherever such partnerships exist or emerge in the region.(f) The Labor and Workforce Development Agency, working with the Office of Planning and Research, and the Governors Office of Business and Economic Development, shall manage the design and operation of all program solicitation and award processes, including the administration of and accountability for both the planning and implementation grants. The Workforce Services Branch shall manage funds and contracts under direction of the Inter-Agency Leadership Team. This includes, but is not limited to, all of the following:(1) Solicitation, management and execution of all grants and contracts, based on guidelines developed by the Inter-Agency Leadership Team.(2) Oversight and monitoring for fiscal integrity.(3) If necessary and as applicable, federal reporting and compliance consistent with the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations.(4) Quarterly reporting to the Inter-Agency Leadership Team.(5) Beginning December 31, 2022, annual reporting to the Joint Legislative Budget Committee and the applicable Senate and Assembly budget subcommittees. The report shall include a detailed summary of grants awarded, fiscal and federal compliance, and progress on individual program objectives and related high road metrics, including equity, inclusivity, job quality, and sustainability, as designated in program guidelines and assessed by inter-agency program staff.(6) Commencing June 31, 2023, supplemental annual reporting to the Legislature, in accordance with Section 9795 of the Government Code, that includes a concise written discussion, based on the experience and expertise of the Inter-Agency Leadership Team and program staff, describing key findings on regional trends in sustainable economic recovery, and common challenges in the development and implementation of high road transition strategies.(7) Procurement of a comprehensive third-party evaluation to be completed, with guidance and oversight from the Inter-Agency Leadership Team, no less than six months after all available outcome data is available.(g) All CERF grantees shall fulfill the outcome and reporting requirements required by this chapter as established by the Inter-Agency Leadership Team and, if applicable, as required by the federal American Rescue Plan Act of 2021, United States Department of the U.S. Treasury guidance and regulations, and fiscal oversight by the Employment Development Department. In addition to and in alignment with paragraphs (5) and (6) of subdivision (f), these reporting requirements shall include:(1) A detailed analysis of grantee challenges and achievements, whether relating to convening an inclusive regional planning process, developing a comprehensive high road recovery plan, or implementing a strategy to create high road jobs. This shall include measurable progress toward target outcomes, including job creation, increase in number of jobs per region, average increases in hourly wages of entered employed individuals placed in jobs, job retention, number of individuals impacted through services, such as training, supportive services, or job placement, as enumerated in CERF guidelines and individual contracts in accord with each of the above jurisdictions.(2) A more general discussion of the challenges and opportunities of designing and implementing a high road transition vision in a particular place or industry. At a minimum, grantees shall report the number and types of stakeholders directly involved in CERF planning or investing, the nature and extent of their participation, and related efforts to build capacity among community, labor, local government, or other key stakeholder groups.(h) For the purposes of this chapter, the following definitions apply:(1) CERF shall mean the Community Economic Resilience Fund Program.(2) High road has the same meaning as used in subdivision (r) of Section 14005.(3) High road construction careers has the same meaning as used in subdivision (t) of Section 14005.(4) High road transition collaboratives or collaboratives are broad-based regional groups convened by a skilled and impartial intermediary to plan for economic recovery and a sustainable and equitable economic future. These collaboratives shall prioritize equity, sustainability, and job quality, and advance a shared prosperity where workers and communities across Californias diverse regions share equally in the benefits of a carbon-neutral future. Minimum membership and representation shall be as described in subdivision (c).(5) High road training partnerships has the same meaning as used in subdivision (s) in Section 14005.(i) Until July 1, 2025, the administering agency may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(i)(j) All criteria, guidelines, and policies developed for the administration of the program shall be exempt from the rulemaking provisions of the Administrative Procedures Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(j)(k) This chapter shall become operative when an appropriation is made by the Legislature for the purposes of carrying out the provisions of this chapter. The branch shall post notice of the appropriation on the home page of its internet website and send notice of the appropriation to the Legislative Counsel. |
|---|
| 2673 | | - | |
|---|
| 2674 | | - | 14531. (a) (1) There is hereby established within the Workforce Services Branch of the Employment Development Department, the Community Economic Resilience Fund Program, to build an equitable and sustainable economic recovery from the impacts of COVID-19 on Californias industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy.(2) The branch shall administer the Community Economic Resilience Fund Program. The program shall be governed by the provisions of this chapter.(b) (1) The program shall be administered by the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development. These three agencies shall be referred to as the Inter-Agency Leadership Team and shall jointly be responsible for planning, oversight, and decision-making, including, but not limited to all of the following:(A) Identifying the geographic boundaries of regions in a way that prioritizes economic recovery and transition strategies and is consistent with other state definition of regional economic and labor markets.(B) Creating program guidelines and evaluation metrics that, at a minimum, support federal reporting.(C) Designing a competitive grant structure for CERF investments.(D) Developing technical assistance and evaluation infrastructure.(E) Tracking and reporting progress and deliverables.(2) Program implementation shall be undertaken by the Workforce Services Branch of the Employment Development Department under the direction of the Inter-Agency Leadership Team. It is the intent of the Legislature that CERF be designed to build a more robust, sustainable, and equitable recovery across all sectors of Californias economy.(3) The Inter-Agency Leadership Team, as established in paragraph (1), shall develop policies for grant funds distributed in this chapter to fund regional programs and economic development strategies that directly complement state and federal infrastructure investments in multiple sectors, including housing, transportation, advanced energy, broadband, and natural resources, and connect, in each of those sectors, to any existing or emerging high road training partnerships. Policies and guidelines developed under this provision shall be made publicly available on the Labor and Workforce Development Agencys internet website.(4) (A) The Inter-Agency Leadership Team shall consist of the senior cabinet-level appointees, or their designees, representing the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development, with policy guidance from subject matter experts within those state entities.(B) The Inter-Agency Leadership Team shall be supported administratively by the Office of Planning and Research. Administrative support shall include support for convenings, meetings, agendas, gathering, analyzing and communicating stakeholder input, and summarizing guidelines for solicitations and providing this policy guidance to the Workforce Services Branch. The Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development shall sign memoranda of understanding or inter-agency agreements for purposes of confirming each of their roles and responsibilities in the Interagency Leadership Team.(c) (1) The program shall provide financial support to establish and support high road transition collaboratives in designing region- and industry-specific economic recovery and transition strategies. The program shall include a focus on those regions and communities most affected by the economic impact of COVID-19, as authorized in federal guidance, and whose economic distress has been exacerbated by COVID-19 and compounded by macroeconomic impacts, such as the global transition to carbon neutrality or the western region of the United States acute vulnerability to climate change impacts.(2) The program, through these collaboratives, shall support transparent and inclusive processes for shared problem solving to advance long-term prosperity and equity.(3) The collaboratives shall work directly with the community capacity-building programs initially established by Chapter 377 of the Statutes of 2018, pursuant to Part 3.6 (commencing with Section 71130) of Division 34 of the Public Resources Code, to support active and equitable community engagement.(4) The collaboratives shall include balanced representation from labor, business, community, government, and other stakeholders, including, but not limited to, economic development, philanthropy, education, and workforce partners to be designated in the program guidelines.(d) Planning grants shall be awarded on a competitive basis to establish and support at least one High Road Transition Collaborative per region in areas that have had disproportionate impacts due to COVID-19. The Inter-Agency Leadership Team shall establish evaluation criteria consistent with the state planning priorities established pursuant to Section 65041.1 of the Government Code and, if necessary, with any applicable guidelines for evaluation set out in the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations. The Inter-Agency Leadership Team shall establish additional criteria and detailed metrics in the program guidelines, consistent with the goals of the program outlined in subdivisions (b) and (c), including the following core activities:(1) Identify a skilled and impartial convener to build an inclusive planning table, as described in paragraph (4) of subdivision (h), and facilitate and collaborate with each designated partner entity to develop the transition plans, to solicit, consider, and respond to comments from collaborative members, and to provide equitable public participation and input.(2) Develop one or more regional and subregional economic recovery and transition plans addressing essential elements of a high road strategy, including economic diversification, industry planning, workforce development, and the identification and integration of current or supplemental safety net programs. This plan shall include industry cluster and labor market analysis, with actionable research and consultation from the University of California or other expert institutions, and focus on economic recovery, growth, and resilience across multiple sectors. The plans shall prioritize the creation of high-quality jobs and equitable access to them, and emphasize where possible the development of sustainable and resilient industries, such as renewable energy, energy efficiency, carbon removal, and zero-emission vehicles, advanced manufacturing, agriculture and forestry, and climate restoration and resilience.(3) Disseminate these transition plans to all interested parties. The plan or plans provided by each high road transition collaborative shall be made publicly available on the Labor and Workforce Development Agencys internet website.(e) (1) Implementation grants shall be awarded on a rolling and competitive basis. This grant program shall be structured to provide a small initial tranche of funding for economic diversification pilots with demonstrable high road elements in those regions already engaged in economic recovery and transition planning. The majority of funds shall be used to provide, through June 30, 2024, economic development grants on a rolling basis, informed by the work of high road transition collaboratives.(2) The grant recipients shall demonstrate a plan to fully spend or obligate by December 31, 2024, all funds received pursuant to this subdivision, and shall pay all obligations by December 31, 2026.(3) The implementation grants shall also meet all of the following requirements:(A) Support work prioritized through the high road transition collaborative planning process with the high road intent of this program.(B) Demonstrate support of the regional intermediary and alignment with the high road transition collaborative plan.(C) Support labor standards where applicable, such as prevailing wage, project labor agreements, or community workforce agreements.(D) Address geographic equity, accounting for differences in urban, suburban, rural, and tribal communities, and emphasize investment in underserved jurisdictions.(E) Organize strategies by industry or geography, or both, within and across regions, with the potential to focus on regionwide strategies or on one or more specific priority projects within a region.(F) Include a range of activities related to economic diversification, including, but not limited to, creating innovation hubs for key growth industries, expanding incubator or accelerator programs that provide technical assistance for small business owners to connect to larger industry clusters, and other projects and activities that advance a high road economy.(G) Coordinate with, advance, and complement, without supplanting, state and federal infrastructure investments.(H) Align with regional workforce needs by linking directly to high road training partnerships or high road construction careers training programs wherever such partnerships exist or emerge in the region.(f) The Labor and Workforce Development Agency, working with the Office of Planning and Research, and the Governors Office of Business and Economic Development, shall manage the design and operation of all program solicitation and award processes, including the administration of and accountability for both the planning and implementation grants. The Workforce Services Branch shall manage funds and contracts under direction of the Inter-Agency Leadership Team. This includes, but is not limited to, all of the following:(1) Solicitation, management and execution of all grants and contracts, based on guidelines developed by the Inter-Agency Leadership Team.(2) Oversight and monitoring for fiscal integrity.(3) If necessary and as applicable, federal reporting and compliance consistent with the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations.(4) Quarterly reporting to the Inter-Agency Leadership Team.(5) Beginning December 31, 2022, annual reporting to the Joint Legislative Budget Committee and the applicable Senate and Assembly budget subcommittees. The report shall include a detailed summary of grants awarded, fiscal and federal compliance, and progress on individual program objectives and related high road metrics, including equity, inclusivity, job quality, and sustainability, as designated in program guidelines and assessed by inter-agency program staff.(6) Commencing June 31, 2023, supplemental annual reporting to the Legislature, in accordance with Section 9795 of the Government Code, that includes a concise written discussion, based on the experience and expertise of the Inter-Agency Leadership Team and program staff, describing key findings on regional trends in sustainable economic recovery, and common challenges in the development and implementation of high road transition strategies.(7) Procurement of a comprehensive third-party evaluation to be completed, with guidance and oversight from the Inter-Agency Leadership Team, no less than six months after all available outcome data is available.(g) All CERF grantees shall fulfill the outcome and reporting requirements required by this chapter as established by the Inter-Agency Leadership Team and, if applicable, as required by the federal American Rescue Plan Act of 2021, United States Department of the U.S. Treasury guidance and regulations, and fiscal oversight by the Employment Development Department. In addition to and in alignment with paragraphs (5) and (6) of subdivision (f), these reporting requirements shall include:(1) A detailed analysis of grantee challenges and achievements, whether relating to convening an inclusive regional planning process, developing a comprehensive high road recovery plan, or implementing a strategy to create high road jobs. This shall include measurable progress toward target outcomes, including job creation, increase in number of jobs per region, average increases in hourly wages of entered employed individuals placed in jobs, job retention, number of individuals impacted through services, such as training, supportive services, or job placement, as enumerated in CERF guidelines and individual contracts in accord with each of the above jurisdictions.(2) A more general discussion of the challenges and opportunities of designing and implementing a high road transition vision in a particular place or industry. At a minimum, grantees shall report the number and types of stakeholders directly involved in CERF planning or investing, the nature and extent of their participation, and related efforts to build capacity among community, labor, local government, or other key stakeholder groups.(h) For the purposes of this chapter, the following definitions apply:(1) CERF shall mean the Community Economic Resilience Fund Program.(2) High road has the same meaning as used in subdivision (r) of Section 14005.(3) High road construction careers has the same meaning as used in subdivision (t) of Section 14005.(4) High road transition collaboratives or collaboratives are broad-based regional groups convened by a skilled and impartial intermediary to plan for economic recovery and a sustainable and equitable economic future. These collaboratives shall prioritize equity, sustainability, and job quality, and advance a shared prosperity where workers and communities across Californias diverse regions share equally in the benefits of a carbon-neutral future. Minimum membership and representation shall be as described in subdivision (c).(5) High road training partnerships has the same meaning as used in subdivision (s) in Section 14005.(i) Until July 1, 2025, the administering agency may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(i)(j) All criteria, guidelines, and policies developed for the administration of the program shall be exempt from the rulemaking provisions of the Administrative Procedures Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(j)(k) This chapter shall become operative when an appropriation is made by the Legislature for the purposes of carrying out the provisions of this chapter. The branch shall post notice of the appropriation on the home page of its internet website and send notice of the appropriation to the Legislative Counsel. |
|---|
| 2675 | | - | |
|---|
| 2676 | | - | 14531. (a) (1) There is hereby established within the Workforce Services Branch of the Employment Development Department, the Community Economic Resilience Fund Program, to build an equitable and sustainable economic recovery from the impacts of COVID-19 on Californias industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy.(2) The branch shall administer the Community Economic Resilience Fund Program. The program shall be governed by the provisions of this chapter.(b) (1) The program shall be administered by the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development. These three agencies shall be referred to as the Inter-Agency Leadership Team and shall jointly be responsible for planning, oversight, and decision-making, including, but not limited to all of the following:(A) Identifying the geographic boundaries of regions in a way that prioritizes economic recovery and transition strategies and is consistent with other state definition of regional economic and labor markets.(B) Creating program guidelines and evaluation metrics that, at a minimum, support federal reporting.(C) Designing a competitive grant structure for CERF investments.(D) Developing technical assistance and evaluation infrastructure.(E) Tracking and reporting progress and deliverables.(2) Program implementation shall be undertaken by the Workforce Services Branch of the Employment Development Department under the direction of the Inter-Agency Leadership Team. It is the intent of the Legislature that CERF be designed to build a more robust, sustainable, and equitable recovery across all sectors of Californias economy.(3) The Inter-Agency Leadership Team, as established in paragraph (1), shall develop policies for grant funds distributed in this chapter to fund regional programs and economic development strategies that directly complement state and federal infrastructure investments in multiple sectors, including housing, transportation, advanced energy, broadband, and natural resources, and connect, in each of those sectors, to any existing or emerging high road training partnerships. Policies and guidelines developed under this provision shall be made publicly available on the Labor and Workforce Development Agencys internet website.(4) (A) The Inter-Agency Leadership Team shall consist of the senior cabinet-level appointees, or their designees, representing the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development, with policy guidance from subject matter experts within those state entities.(B) The Inter-Agency Leadership Team shall be supported administratively by the Office of Planning and Research. Administrative support shall include support for convenings, meetings, agendas, gathering, analyzing and communicating stakeholder input, and summarizing guidelines for solicitations and providing this policy guidance to the Workforce Services Branch. The Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development shall sign memoranda of understanding or inter-agency agreements for purposes of confirming each of their roles and responsibilities in the Interagency Leadership Team.(c) (1) The program shall provide financial support to establish and support high road transition collaboratives in designing region- and industry-specific economic recovery and transition strategies. The program shall include a focus on those regions and communities most affected by the economic impact of COVID-19, as authorized in federal guidance, and whose economic distress has been exacerbated by COVID-19 and compounded by macroeconomic impacts, such as the global transition to carbon neutrality or the western region of the United States acute vulnerability to climate change impacts.(2) The program, through these collaboratives, shall support transparent and inclusive processes for shared problem solving to advance long-term prosperity and equity.(3) The collaboratives shall work directly with the community capacity-building programs initially established by Chapter 377 of the Statutes of 2018, pursuant to Part 3.6 (commencing with Section 71130) of Division 34 of the Public Resources Code, to support active and equitable community engagement.(4) The collaboratives shall include balanced representation from labor, business, community, government, and other stakeholders, including, but not limited to, economic development, philanthropy, education, and workforce partners to be designated in the program guidelines.(d) Planning grants shall be awarded on a competitive basis to establish and support at least one High Road Transition Collaborative per region in areas that have had disproportionate impacts due to COVID-19. The Inter-Agency Leadership Team shall establish evaluation criteria consistent with the state planning priorities established pursuant to Section 65041.1 of the Government Code and, if necessary, with any applicable guidelines for evaluation set out in the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations. The Inter-Agency Leadership Team shall establish additional criteria and detailed metrics in the program guidelines, consistent with the goals of the program outlined in subdivisions (b) and (c), including the following core activities:(1) Identify a skilled and impartial convener to build an inclusive planning table, as described in paragraph (4) of subdivision (h), and facilitate and collaborate with each designated partner entity to develop the transition plans, to solicit, consider, and respond to comments from collaborative members, and to provide equitable public participation and input.(2) Develop one or more regional and subregional economic recovery and transition plans addressing essential elements of a high road strategy, including economic diversification, industry planning, workforce development, and the identification and integration of current or supplemental safety net programs. This plan shall include industry cluster and labor market analysis, with actionable research and consultation from the University of California or other expert institutions, and focus on economic recovery, growth, and resilience across multiple sectors. The plans shall prioritize the creation of high-quality jobs and equitable access to them, and emphasize where possible the development of sustainable and resilient industries, such as renewable energy, energy efficiency, carbon removal, and zero-emission vehicles, advanced manufacturing, agriculture and forestry, and climate restoration and resilience.(3) Disseminate these transition plans to all interested parties. The plan or plans provided by each high road transition collaborative shall be made publicly available on the Labor and Workforce Development Agencys internet website.(e) (1) Implementation grants shall be awarded on a rolling and competitive basis. This grant program shall be structured to provide a small initial tranche of funding for economic diversification pilots with demonstrable high road elements in those regions already engaged in economic recovery and transition planning. The majority of funds shall be used to provide, through June 30, 2024, economic development grants on a rolling basis, informed by the work of high road transition collaboratives.(2) The grant recipients shall demonstrate a plan to fully spend or obligate by December 31, 2024, all funds received pursuant to this subdivision, and shall pay all obligations by December 31, 2026.(3) The implementation grants shall also meet all of the following requirements:(A) Support work prioritized through the high road transition collaborative planning process with the high road intent of this program.(B) Demonstrate support of the regional intermediary and alignment with the high road transition collaborative plan.(C) Support labor standards where applicable, such as prevailing wage, project labor agreements, or community workforce agreements.(D) Address geographic equity, accounting for differences in urban, suburban, rural, and tribal communities, and emphasize investment in underserved jurisdictions.(E) Organize strategies by industry or geography, or both, within and across regions, with the potential to focus on regionwide strategies or on one or more specific priority projects within a region.(F) Include a range of activities related to economic diversification, including, but not limited to, creating innovation hubs for key growth industries, expanding incubator or accelerator programs that provide technical assistance for small business owners to connect to larger industry clusters, and other projects and activities that advance a high road economy.(G) Coordinate with, advance, and complement, without supplanting, state and federal infrastructure investments.(H) Align with regional workforce needs by linking directly to high road training partnerships or high road construction careers training programs wherever such partnerships exist or emerge in the region.(f) The Labor and Workforce Development Agency, working with the Office of Planning and Research, and the Governors Office of Business and Economic Development, shall manage the design and operation of all program solicitation and award processes, including the administration of and accountability for both the planning and implementation grants. The Workforce Services Branch shall manage funds and contracts under direction of the Inter-Agency Leadership Team. This includes, but is not limited to, all of the following:(1) Solicitation, management and execution of all grants and contracts, based on guidelines developed by the Inter-Agency Leadership Team.(2) Oversight and monitoring for fiscal integrity.(3) If necessary and as applicable, federal reporting and compliance consistent with the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations.(4) Quarterly reporting to the Inter-Agency Leadership Team.(5) Beginning December 31, 2022, annual reporting to the Joint Legislative Budget Committee and the applicable Senate and Assembly budget subcommittees. The report shall include a detailed summary of grants awarded, fiscal and federal compliance, and progress on individual program objectives and related high road metrics, including equity, inclusivity, job quality, and sustainability, as designated in program guidelines and assessed by inter-agency program staff.(6) Commencing June 31, 2023, supplemental annual reporting to the Legislature, in accordance with Section 9795 of the Government Code, that includes a concise written discussion, based on the experience and expertise of the Inter-Agency Leadership Team and program staff, describing key findings on regional trends in sustainable economic recovery, and common challenges in the development and implementation of high road transition strategies.(7) Procurement of a comprehensive third-party evaluation to be completed, with guidance and oversight from the Inter-Agency Leadership Team, no less than six months after all available outcome data is available.(g) All CERF grantees shall fulfill the outcome and reporting requirements required by this chapter as established by the Inter-Agency Leadership Team and, if applicable, as required by the federal American Rescue Plan Act of 2021, United States Department of the U.S. Treasury guidance and regulations, and fiscal oversight by the Employment Development Department. In addition to and in alignment with paragraphs (5) and (6) of subdivision (f), these reporting requirements shall include:(1) A detailed analysis of grantee challenges and achievements, whether relating to convening an inclusive regional planning process, developing a comprehensive high road recovery plan, or implementing a strategy to create high road jobs. This shall include measurable progress toward target outcomes, including job creation, increase in number of jobs per region, average increases in hourly wages of entered employed individuals placed in jobs, job retention, number of individuals impacted through services, such as training, supportive services, or job placement, as enumerated in CERF guidelines and individual contracts in accord with each of the above jurisdictions.(2) A more general discussion of the challenges and opportunities of designing and implementing a high road transition vision in a particular place or industry. At a minimum, grantees shall report the number and types of stakeholders directly involved in CERF planning or investing, the nature and extent of their participation, and related efforts to build capacity among community, labor, local government, or other key stakeholder groups.(h) For the purposes of this chapter, the following definitions apply:(1) CERF shall mean the Community Economic Resilience Fund Program.(2) High road has the same meaning as used in subdivision (r) of Section 14005.(3) High road construction careers has the same meaning as used in subdivision (t) of Section 14005.(4) High road transition collaboratives or collaboratives are broad-based regional groups convened by a skilled and impartial intermediary to plan for economic recovery and a sustainable and equitable economic future. These collaboratives shall prioritize equity, sustainability, and job quality, and advance a shared prosperity where workers and communities across Californias diverse regions share equally in the benefits of a carbon-neutral future. Minimum membership and representation shall be as described in subdivision (c).(5) High road training partnerships has the same meaning as used in subdivision (s) in Section 14005.(i) Until July 1, 2025, the administering agency may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code.(i)(j) All criteria, guidelines, and policies developed for the administration of the program shall be exempt from the rulemaking provisions of the Administrative Procedures Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(j)(k) This chapter shall become operative when an appropriation is made by the Legislature for the purposes of carrying out the provisions of this chapter. The branch shall post notice of the appropriation on the home page of its internet website and send notice of the appropriation to the Legislative Counsel. |
|---|
| 2677 | | - | |
|---|
| 2678 | | - | |
|---|
| 2679 | | - | |
|---|
| 2680 | | - | 14531. (a) (1) There is hereby established within the Workforce Services Branch of the Employment Development Department, the Community Economic Resilience Fund Program, to build an equitable and sustainable economic recovery from the impacts of COVID-19 on Californias industries, workers, and communities, and to provide for the durability of that recovery by fostering long-term economic resilience in the overall transition to a carbon-neutral economy. |
|---|
| 2681 | | - | |
|---|
| 2682 | | - | (2) The branch shall administer the Community Economic Resilience Fund Program. The program shall be governed by the provisions of this chapter. |
|---|
| 2683 | | - | |
|---|
| 2684 | | - | (b) (1) The program shall be administered by the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development. These three agencies shall be referred to as the Inter-Agency Leadership Team and shall jointly be responsible for planning, oversight, and decision-making, including, but not limited to all of the following: |
|---|
| 2685 | | - | |
|---|
| 2686 | | - | (A) Identifying the geographic boundaries of regions in a way that prioritizes economic recovery and transition strategies and is consistent with other state definition of regional economic and labor markets. |
|---|
| 2687 | | - | |
|---|
| 2688 | | - | (B) Creating program guidelines and evaluation metrics that, at a minimum, support federal reporting. |
|---|
| 2689 | | - | |
|---|
| 2690 | | - | (C) Designing a competitive grant structure for CERF investments. |
|---|
| 2691 | | - | |
|---|
| 2692 | | - | (D) Developing technical assistance and evaluation infrastructure. |
|---|
| 2693 | | - | |
|---|
| 2694 | | - | (E) Tracking and reporting progress and deliverables. |
|---|
| 2695 | | - | |
|---|
| 2696 | | - | (2) Program implementation shall be undertaken by the Workforce Services Branch of the Employment Development Department under the direction of the Inter-Agency Leadership Team. It is the intent of the Legislature that CERF be designed to build a more robust, sustainable, and equitable recovery across all sectors of Californias economy. |
|---|
| 2697 | | - | |
|---|
| 2698 | | - | (3) The Inter-Agency Leadership Team, as established in paragraph (1), shall develop policies for grant funds distributed in this chapter to fund regional programs and economic development strategies that directly complement state and federal infrastructure investments in multiple sectors, including housing, transportation, advanced energy, broadband, and natural resources, and connect, in each of those sectors, to any existing or emerging high road training partnerships. Policies and guidelines developed under this provision shall be made publicly available on the Labor and Workforce Development Agencys internet website. |
|---|
| 2699 | | - | |
|---|
| 2700 | | - | (4) (A) The Inter-Agency Leadership Team shall consist of the senior cabinet-level appointees, or their designees, representing the Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development, with policy guidance from subject matter experts within those state entities. |
|---|
| 2701 | | - | |
|---|
| 2702 | | - | (B) The Inter-Agency Leadership Team shall be supported administratively by the Office of Planning and Research. Administrative support shall include support for convenings, meetings, agendas, gathering, analyzing and communicating stakeholder input, and summarizing guidelines for solicitations and providing this policy guidance to the Workforce Services Branch. The Labor and Workforce Development Agency, the Office of Planning and Research, and the Governors Office of Business and Economic Development shall sign memoranda of understanding or inter-agency agreements for purposes of confirming each of their roles and responsibilities in the Interagency Leadership Team. |
|---|
| 2703 | | - | |
|---|
| 2704 | | - | (c) (1) The program shall provide financial support to establish and support high road transition collaboratives in designing region- and industry-specific economic recovery and transition strategies. The program shall include a focus on those regions and communities most affected by the economic impact of COVID-19, as authorized in federal guidance, and whose economic distress has been exacerbated by COVID-19 and compounded by macroeconomic impacts, such as the global transition to carbon neutrality or the western region of the United States acute vulnerability to climate change impacts. |
|---|
| 2705 | | - | |
|---|
| 2706 | | - | (2) The program, through these collaboratives, shall support transparent and inclusive processes for shared problem solving to advance long-term prosperity and equity. |
|---|
| 2707 | | - | |
|---|
| 2708 | | - | (3) The collaboratives shall work directly with the community capacity-building programs initially established by Chapter 377 of the Statutes of 2018, pursuant to Part 3.6 (commencing with Section 71130) of Division 34 of the Public Resources Code, to support active and equitable community engagement. |
|---|
| 2709 | | - | |
|---|
| 2710 | | - | (4) The collaboratives shall include balanced representation from labor, business, community, government, and other stakeholders, including, but not limited to, economic development, philanthropy, education, and workforce partners to be designated in the program guidelines. |
|---|
| 2711 | | - | |
|---|
| 2712 | | - | (d) Planning grants shall be awarded on a competitive basis to establish and support at least one High Road Transition Collaborative per region in areas that have had disproportionate impacts due to COVID-19. The Inter-Agency Leadership Team shall establish evaluation criteria consistent with the state planning priorities established pursuant to Section 65041.1 of the Government Code and, if necessary, with any applicable guidelines for evaluation set out in the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations. The Inter-Agency Leadership Team shall establish additional criteria and detailed metrics in the program guidelines, consistent with the goals of the program outlined in subdivisions (b) and (c), including the following core activities: |
|---|
| 2713 | | - | |
|---|
| 2714 | | - | (1) Identify a skilled and impartial convener to build an inclusive planning table, as described in paragraph (4) of subdivision (h), and facilitate and collaborate with each designated partner entity to develop the transition plans, to solicit, consider, and respond to comments from collaborative members, and to provide equitable public participation and input. |
|---|
| 2715 | | - | |
|---|
| 2716 | | - | (2) Develop one or more regional and subregional economic recovery and transition plans addressing essential elements of a high road strategy, including economic diversification, industry planning, workforce development, and the identification and integration of current or supplemental safety net programs. This plan shall include industry cluster and labor market analysis, with actionable research and consultation from the University of California or other expert institutions, and focus on economic recovery, growth, and resilience across multiple sectors. The plans shall prioritize the creation of high-quality jobs and equitable access to them, and emphasize where possible the development of sustainable and resilient industries, such as renewable energy, energy efficiency, carbon removal, and zero-emission vehicles, advanced manufacturing, agriculture and forestry, and climate restoration and resilience. |
|---|
| 2717 | | - | |
|---|
| 2718 | | - | (3) Disseminate these transition plans to all interested parties. The plan or plans provided by each high road transition collaborative shall be made publicly available on the Labor and Workforce Development Agencys internet website. |
|---|
| 2719 | | - | |
|---|
| 2720 | | - | (e) (1) Implementation grants shall be awarded on a rolling and competitive basis. This grant program shall be structured to provide a small initial tranche of funding for economic diversification pilots with demonstrable high road elements in those regions already engaged in economic recovery and transition planning. The majority of funds shall be used to provide, through June 30, 2024, economic development grants on a rolling basis, informed by the work of high road transition collaboratives. |
|---|
| 2721 | | - | |
|---|
| 2722 | | - | (2) The grant recipients shall demonstrate a plan to fully spend or obligate by December 31, 2024, all funds received pursuant to this subdivision, and shall pay all obligations by December 31, 2026. |
|---|
| 2723 | | - | |
|---|
| 2724 | | - | (3) The implementation grants shall also meet all of the following requirements: |
|---|
| 2725 | | - | |
|---|
| 2726 | | - | (A) Support work prioritized through the high road transition collaborative planning process with the high road intent of this program. |
|---|
| 2727 | | - | |
|---|
| 2728 | | - | (B) Demonstrate support of the regional intermediary and alignment with the high road transition collaborative plan. |
|---|
| 2729 | | - | |
|---|
| 2730 | | - | (C) Support labor standards where applicable, such as prevailing wage, project labor agreements, or community workforce agreements. |
|---|
| 2731 | | - | |
|---|
| 2732 | | - | (D) Address geographic equity, accounting for differences in urban, suburban, rural, and tribal communities, and emphasize investment in underserved jurisdictions. |
|---|
| 2733 | | - | |
|---|
| 2734 | | - | (E) Organize strategies by industry or geography, or both, within and across regions, with the potential to focus on regionwide strategies or on one or more specific priority projects within a region. |
|---|
| 2735 | | - | |
|---|
| 2736 | | - | (F) Include a range of activities related to economic diversification, including, but not limited to, creating innovation hubs for key growth industries, expanding incubator or accelerator programs that provide technical assistance for small business owners to connect to larger industry clusters, and other projects and activities that advance a high road economy. |
|---|
| 2737 | | - | |
|---|
| 2738 | | - | (G) Coordinate with, advance, and complement, without supplanting, state and federal infrastructure investments. |
|---|
| 2739 | | - | |
|---|
| 2740 | | - | (H) Align with regional workforce needs by linking directly to high road training partnerships or high road construction careers training programs wherever such partnerships exist or emerge in the region. |
|---|
| 2741 | | - | |
|---|
| 2742 | | - | (f) The Labor and Workforce Development Agency, working with the Office of Planning and Research, and the Governors Office of Business and Economic Development, shall manage the design and operation of all program solicitation and award processes, including the administration of and accountability for both the planning and implementation grants. The Workforce Services Branch shall manage funds and contracts under direction of the Inter-Agency Leadership Team. This includes, but is not limited to, all of the following: |
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| 2743 | | - | |
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| 2744 | | - | (1) Solicitation, management and execution of all grants and contracts, based on guidelines developed by the Inter-Agency Leadership Team. |
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| 2745 | | - | |
|---|
| 2746 | | - | (2) Oversight and monitoring for fiscal integrity. |
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| 2747 | | - | |
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| 2748 | | - | (3) If necessary and as applicable, federal reporting and compliance consistent with the federal American Rescue Plan Act of 2021 (Public Law 117-2) and Department of the United States Treasury guidance and regulations. |
|---|
| 2749 | | - | |
|---|
| 2750 | | - | (4) Quarterly reporting to the Inter-Agency Leadership Team. |
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| 2751 | | - | |
|---|
| 2752 | | - | (5) Beginning December 31, 2022, annual reporting to the Joint Legislative Budget Committee and the applicable Senate and Assembly budget subcommittees. The report shall include a detailed summary of grants awarded, fiscal and federal compliance, and progress on individual program objectives and related high road metrics, including equity, inclusivity, job quality, and sustainability, as designated in program guidelines and assessed by inter-agency program staff. |
|---|
| 2753 | | - | |
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| 2754 | | - | (6) Commencing June 31, 2023, supplemental annual reporting to the Legislature, in accordance with Section 9795 of the Government Code, that includes a concise written discussion, based on the experience and expertise of the Inter-Agency Leadership Team and program staff, describing key findings on regional trends in sustainable economic recovery, and common challenges in the development and implementation of high road transition strategies. |
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| 2755 | | - | |
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| 2756 | | - | (7) Procurement of a comprehensive third-party evaluation to be completed, with guidance and oversight from the Inter-Agency Leadership Team, no less than six months after all available outcome data is available. |
|---|
| 2757 | | - | |
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| 2758 | | - | (g) All CERF grantees shall fulfill the outcome and reporting requirements required by this chapter as established by the Inter-Agency Leadership Team and, if applicable, as required by the federal American Rescue Plan Act of 2021, United States Department of the U.S. Treasury guidance and regulations, and fiscal oversight by the Employment Development Department. In addition to and in alignment with paragraphs (5) and (6) of subdivision (f), these reporting requirements shall include: |
|---|
| 2759 | | - | |
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| 2760 | | - | (1) A detailed analysis of grantee challenges and achievements, whether relating to convening an inclusive regional planning process, developing a comprehensive high road recovery plan, or implementing a strategy to create high road jobs. This shall include measurable progress toward target outcomes, including job creation, increase in number of jobs per region, average increases in hourly wages of entered employed individuals placed in jobs, job retention, number of individuals impacted through services, such as training, supportive services, or job placement, as enumerated in CERF guidelines and individual contracts in accord with each of the above jurisdictions. |
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| 2761 | | - | |
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| 2762 | | - | (2) A more general discussion of the challenges and opportunities of designing and implementing a high road transition vision in a particular place or industry. At a minimum, grantees shall report the number and types of stakeholders directly involved in CERF planning or investing, the nature and extent of their participation, and related efforts to build capacity among community, labor, local government, or other key stakeholder groups. |
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| 2763 | | - | |
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| 2764 | | - | (h) For the purposes of this chapter, the following definitions apply: |
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| 2765 | | - | |
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| 2766 | | - | (1) CERF shall mean the Community Economic Resilience Fund Program. |
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| 2767 | | - | |
|---|
| 2768 | | - | (2) High road has the same meaning as used in subdivision (r) of Section 14005. |
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| 2769 | | - | |
|---|
| 2770 | | - | (3) High road construction careers has the same meaning as used in subdivision (t) of Section 14005. |
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| 2771 | | - | |
|---|
| 2772 | | - | (4) High road transition collaboratives or collaboratives are broad-based regional groups convened by a skilled and impartial intermediary to plan for economic recovery and a sustainable and equitable economic future. These collaboratives shall prioritize equity, sustainability, and job quality, and advance a shared prosperity where workers and communities across Californias diverse regions share equally in the benefits of a carbon-neutral future. Minimum membership and representation shall be as described in subdivision (c). |
|---|
| 2773 | | - | |
|---|
| 2774 | | - | (5) High road training partnerships has the same meaning as used in subdivision (s) in Section 14005. |
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| 2775 | | - | |
|---|
| 2776 | | - | (i) Until July 1, 2025, the administering agency may authorize advance payments on a grant awarded under this section in accordance with Section 11019.1 of the Government Code. |
|---|
| 2777 | | - | |
|---|
| 2778 | | - | (i) |
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| 2779 | | - | |
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| 2780 | | - | |
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| 2781 | | - | |
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| 2782 | | - | (j) All criteria, guidelines, and policies developed for the administration of the program shall be exempt from the rulemaking provisions of the Administrative Procedures Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). |
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| 2783 | | - | |
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| 2784 | | - | (j) |
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| 2785 | | - | |
|---|
| 2786 | | - | |
|---|
| 2787 | | - | |
|---|
| 2788 | | - | (k) This chapter shall become operative when an appropriation is made by the Legislature for the purposes of carrying out the provisions of this chapter. The branch shall post notice of the appropriation on the home page of its internet website and send notice of the appropriation to the Legislative Counsel. |
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| 2789 | | - | |
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| 2790 | | - | SEC. 57. Chapter 16.1 (commencing with Section 18997.5) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: CHAPTER 16.1. The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act18997.5. (a) This chapter shall be known, and may be cited, as the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act.(b) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program is hereby established for the purpose of providing an eligible child with a trust account pursuant to this chapter.(c) This chapter shall be construed liberally in order to effectuate its legislative intent of creating opportunities, economic autonomy, and hope, and to promote intergenerational wealth and asset building for an eligible child and eligible youth as one of the many strategies California must employ to reverse our states record level of inequality. The purposes of this chapter and all of its provisions with respect to the powers granted shall be broadly interpreted to effectuate that intent and those purposes and not as to any limitation of powers.18997.51. For purposes of this chapter, the following definitions shall apply:(a) Account, trust account, or HOPE trust account, means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account in the name of an eligible child or eligible youth.(b) Board means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program Board established pursuant to Section 18997.52.(c) Department means the State Department of Social Services.(d) Eligible child means a minor resident of California who is under 18 years of age, has not emancipated from their parent, Indian custodian, or legal guardian, and meets one of the following qualifications:(1) They reside in California and their parent, Indian custodian, or legal guardian died during the federally declared COVID-19 public health emergency, and the cause of death for the parent, Indian custodian, or legal guardian is listed as COVID-19 on their death certificate or they died as a consequence of having long-term COVID-19, and the minors family household income, considering the income prior to the death of the parent, is at or below the income that would make the child eligible for Medi-Cal benefits under Chapter 7 (commencing with Section 14000) of Part 3. For purposes of this paragraph, family household means one or more persons, all of whom are related by marriage, birth, adoption, or guardianship, and federal poverty level means the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code.(2) (A) A foster child who resides in California, or is a California resident who is placed out of state by a juvenile or tribal court, and meets both of the following:(i) The child has been adjudged a dependent child of the juvenile court on the grounds that the child is a person described by Section 300, or the child has been adjudged a ward of the juvenile court on the grounds that the child is a person described by Section 601 or 602, or the child is a dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal courts jurisdiction in accordance with the tribes law and the tribe has notified the department about the child's status as a dependent child under the tribal court. The department shall not require an Indian tribe, consortium of tribes, tribal organization, or tribal court representative to notify the department of any child who is a dependent of the tribal court.(ii) The child meets one of the following:(I) The child is subject to a foster care order, has been in foster care for at least 18 months, and reunification services have been terminated by an order of a juvenile or tribal court.(II) The child is subject to a foster care order after 16 years of age, and reunification services have been terminated by an order of a juvenile or tribal court.(B) Notwithstanding clause (ii) of subparagraph (A), if the child reunifies with their parent or legal guardian, is adopted, enters into a tribal customary adoption, or is placed into a legal guardianship, at any point in time subsequent to meeting the qualification specified in clause (i) of subparagraph (A), the child shall remain an eligible child and program enrollee and shall be able to access their HOPE trust account, but shall no longer be eligible for annual contributions effective 12 months following the date of reunification, adoption, or legal guardianship, or until the child reaches 18 years of age, whichever is sooner.(e) Eligible youth means a program enrollee for whom a HOPE trust account was established and who is now eligible to withdraw or transfer funds from their HOPE trust account.(f) Fund means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund created pursuant to Section 18997.53.(g) HOPE Trust Account Program or program means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program established pursuant to the this chapter.(h) Program enrollee means an eligible child who has been enrolled in the program and whose parent, Indian custodian, or legal guardian has not opted the child out of program participation, and an eligible youth who was enrolled as an eligible child in the program and has not terminated their participation.18997.52. (a) (1) There is hereby created within state government the California Hope, Opportunity, Perseverance and Empowerment (HOPE) for Children Trust Account Program Board, which shall consist of nine members, as follows:(A) The Treasurer, or their designee, who shall serve as the chair.(B) The Director of Finance, or their designee.(C) The Controller, or their designee.(D) An individual with expertise in poverty alleviation and the racial wealth gap appointed by the Senate Committee on Rules.(E) An individual with investment expertise appointed by the Speaker of the Assembly.(F) An individual with expertise on financial empowerment and consumer protection appointed by the Governor.(G) A public member who has experienced childhood poverty appointed by the Governor.(H) Two additional nonvoting members appointed by the Governor.(2) Members of the board appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall serve at the pleasure of the appointing authority.(b) All members of the board shall serve without compensation. Members of the board shall be reimbursed for necessary travel expenses incurred in connection with their board duties.(c) Board members and other staff of the board shall not do any of the following:(1) Directly or indirectly have any interest in the making of any investment made for the program, or in the gains or profits accruing from any investment made for the program.(2) Borrow any funds or deposits of the HOPE trust accounts, or use those funds or deposits in any manner, for themselves or as an agent or partner of others.(3) Become an endorser, surety, or obligor on investments by the board.(d) The board and staff, including contracted administrators and consultants, shall discharge their duties as fiduciaries with respect to the HOPE trust accounts solely in the interest of the program enrollees as follows:(1) For the exclusive purposes of providing benefits to program enrollees and defraying reasonable expenses of administering the program.(2) By investing with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.(e) The board, subject to its authority and fiduciary duty, and in consultation with the advisory workgroup established pursuant to Section 18997.54, shall administer the program and the funds appropriated for the program in alignment with the intent of the Legislature to create opportunities, economic autonomy, and hope, and to promote wealth and asset building for an eligible child and eligible youth to address Californias record levels of inequality.(f) The HOPE trust accounts are an instrumentality of the state. Any security issued, managed, or invested by the board within the HOPE trust accounts on behalf of a program enrollee shall be exempt from Sections 25110, 25120, and 25130 of the Corporations Code.(g) To achieve the functions specified in this section, the board shall have the power and authority to do all of the following:(1) Make and enter into contracts necessary for the administration of the program.(2) Adopt a seal and change and amend it from time to time.(3) Cause moneys in the HOPE trust accounts to be held and invested and reinvested.(4) (A) Accept any grants, gifts, legislative appropriation, and other moneys from the state, any unit of federal, state, or local government, or any other person, firm, partnership, philanthropic entity, or corporation for deposit to the HOPE Trust Account Fund.(B) The board shall provide a way for grants, gifts, appropriations or other moneys to the HOPE Trust Account Program to be made in any amount and with the ability to have the funds targeted to specific subgroups, as defined by the entity giving, granting, or appropriating the funds, provided that they are not limited in such a way that would conflict with the intent of the Legislature in establishing the program.(5) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the Treasurer. The Treasurer shall determine the duties of the executive director and other staff, as appropriate, and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board.(6) Make provisions for the payment of costs of administration and operation of the program.(7) Employ staff.(8) Retain and contract with private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals, as necessary.(9) Procure insurance against any loss in connection with the property, assets, or activities of the trust.(10) Procure insurance indemnifying each member of the board from personal loss or liability resulting from a members action or inaction as a member of the board.(11) Cause expenses incurred to initiate, implement, maintain, and administer the program to be paid from deposits to, or investment returns or assets of, the program or arrangements established under the program, to the extent permitted under state and federal law.(12) Carry out the duties and obligations of the program pursuant to this chapter and exercise any and all other powers as appropriate for the effectuation of the purposes, objectives, and provisions of this chapter pertaining to the program.(h) The board may adopt regulations to implement this chapter consistent with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).18997.53. (a) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act of 2021 (Public Law 117-2), moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the HOPE Trust Account Program Board for implementation of the program.(b) (1) The Treasurer may do both of the following:(A) Invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code.(B) Deposit moneys in the fund for investment in the Surplus Money Investment Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.(2) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.(c) Moneys in the fund shall be used to establish HOPE trust accounts for an eligible child and to provide initial deposits and any future deposits into the accounts.(d) Of the total moneys continuously appropriated for purposes of the program, up to 5 percent shall be available to administer the HOPE Trust Account program, including the costs associated with convening the advisory committee and reporting to the Legislature. The board shall submit a written annual expenditure plan detailing proposed uses of funding to the Department of Finance and the Joint Legislative Budget Committee by October 1 of every year. To the extent the boards administrative costs will or are projected to exceed 5 percent, the board shall submit a written request, in addition to the annual expenditure plan, for the release of additional funding for administrative costs and the necessity to exceed 5 percent to the Department of Finance and the Joint Legislative Budget Committee. The Department of Finance may provide funds for administration of the program that exceed 5 percent, not sooner than 30 days after notifying, in writing, the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, or the chairpersons designee.(e) All assets of the fund and moneys allocated to individual HOPE trust accounts shall be considered to be owned by the state until an eligible youth withdraws or transfers money from their HOPE trust account.(f) To the extent allowed under federal law, because it shall be considered an asset of the state until withdrawn or transferred by an eligible youth, all of the following apply to funds deposited and investment returns accrued in a HOPE trust account established pursuant to this chapter:(1) It is nontransferable to any person other than the eligible youth, and only as permitted pursuant to this chapter.(2) It shall not be pledged as collateral for any loan.(3) It may be subject to a lien.18997.54. (a) On or before February 1, 2023, the Treasurer shall convene the California Hope, Opportunity, Perseverance and Empowerment (HOPE) Advisory Workgroup to work in coordination with the board on the program design, including, but not limited to, data sharing with relevant governmental agencies and departments, outreach to families of an eligible child and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts.(b) The advisory workgroup shall invite participation in the workgroup from the following entities:(1) Representatives from the California Health and Human Services Agency, the State Department of Social Services, the State Department of Public Health, the State Department of Health Care Services, and the Department of Corrections and Rehabilitation.(2) Community stakeholders with knowledge and experience in poverty alleviation, youth development, access to banking for underbanked individuals, asset building, race-wealth gap, consumer protections, and wealth coaching.(3) Representatives of county human services agencies.(4) The exclusive representatives of county child welfare workers.(5) Tribal leaders and representatives of tribal service providers, tribal advocates, and tribal members.(6) Representatives of the foster youth advocacy community with personal experience in the foster system.(c) The workgroup shall specifically focus on, but need not be limited to, all of the following:(1) Who is included as an eligible child and eligible youth under this chapter, including the ability to include individuals without social security numbers or individual tax identification numbers, the responsible agency for determining eligibility, and estimates of likely program enrollees by year.(2) Necessary available data and data sharing agreements needed between government entities to meet the requirements of this chapter.(3) Application of appropriate privacy protections under state and federal law in the identification of, and outreach to, an eligible child and eligible youth.(4) Acceptable investment products, strategies, risk guidelines, and management requirements to ensure a balance between safety of the principal, liquidity, and expected yield or return.(5) Actuarial estimates of the amount of investment per program enrollee and the range of financial outcomes.(6) Effective outreach strategies to ensure accounts are established for the maximum amount of children who may be an eligible child and moneys are drawn down by eligible youth when available.(7) Determination of necessary administrative components, such as information technology services, recordkeeping, and other services, as well as the ability to use state agency resources or the need for third-party administrators.(8) Additional areas determined as critical to the implementation of the program, as identified during the course of the workgroup.(9) Timelines for implementation of this chapter.(d) The advisory workgroup may consult with additional experts, as necessary, to inform their recommendations.18997.55. On or before February 1, 2024, the board shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, that includes, at a minimum, recommendations of the board on all of the following:(a) A detailed plan for implementing the program and establishing and maintaining HOPE trust accounts for an eligible child or eligible youth that maximizes their participation and their autonomous wealth-building capacity.(b) The anticipated number of HOPE trust accounts to be opened and initial deposit amounts.(c) A description of the efforts to be used to solicit philanthropic or nonstate moneys to support the program.(d) Further statutory and budget allocations. |
|---|
| 2791 | | - | |
|---|
| 2792 | | - | SEC. 57. Chapter 16.1 (commencing with Section 18997.5) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read: |
|---|
| 2793 | | - | |
|---|
| 2794 | | - | ### SEC. 57. |
|---|
| 2795 | | - | |
|---|
| 2796 | | - | CHAPTER 16.1. The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act18997.5. (a) This chapter shall be known, and may be cited, as the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act.(b) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program is hereby established for the purpose of providing an eligible child with a trust account pursuant to this chapter.(c) This chapter shall be construed liberally in order to effectuate its legislative intent of creating opportunities, economic autonomy, and hope, and to promote intergenerational wealth and asset building for an eligible child and eligible youth as one of the many strategies California must employ to reverse our states record level of inequality. The purposes of this chapter and all of its provisions with respect to the powers granted shall be broadly interpreted to effectuate that intent and those purposes and not as to any limitation of powers.18997.51. For purposes of this chapter, the following definitions shall apply:(a) Account, trust account, or HOPE trust account, means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account in the name of an eligible child or eligible youth.(b) Board means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program Board established pursuant to Section 18997.52.(c) Department means the State Department of Social Services.(d) Eligible child means a minor resident of California who is under 18 years of age, has not emancipated from their parent, Indian custodian, or legal guardian, and meets one of the following qualifications:(1) They reside in California and their parent, Indian custodian, or legal guardian died during the federally declared COVID-19 public health emergency, and the cause of death for the parent, Indian custodian, or legal guardian is listed as COVID-19 on their death certificate or they died as a consequence of having long-term COVID-19, and the minors family household income, considering the income prior to the death of the parent, is at or below the income that would make the child eligible for Medi-Cal benefits under Chapter 7 (commencing with Section 14000) of Part 3. For purposes of this paragraph, family household means one or more persons, all of whom are related by marriage, birth, adoption, or guardianship, and federal poverty level means the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code.(2) (A) A foster child who resides in California, or is a California resident who is placed out of state by a juvenile or tribal court, and meets both of the following:(i) The child has been adjudged a dependent child of the juvenile court on the grounds that the child is a person described by Section 300, or the child has been adjudged a ward of the juvenile court on the grounds that the child is a person described by Section 601 or 602, or the child is a dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal courts jurisdiction in accordance with the tribes law and the tribe has notified the department about the child's status as a dependent child under the tribal court. The department shall not require an Indian tribe, consortium of tribes, tribal organization, or tribal court representative to notify the department of any child who is a dependent of the tribal court.(ii) The child meets one of the following:(I) The child is subject to a foster care order, has been in foster care for at least 18 months, and reunification services have been terminated by an order of a juvenile or tribal court.(II) The child is subject to a foster care order after 16 years of age, and reunification services have been terminated by an order of a juvenile or tribal court.(B) Notwithstanding clause (ii) of subparagraph (A), if the child reunifies with their parent or legal guardian, is adopted, enters into a tribal customary adoption, or is placed into a legal guardianship, at any point in time subsequent to meeting the qualification specified in clause (i) of subparagraph (A), the child shall remain an eligible child and program enrollee and shall be able to access their HOPE trust account, but shall no longer be eligible for annual contributions effective 12 months following the date of reunification, adoption, or legal guardianship, or until the child reaches 18 years of age, whichever is sooner.(e) Eligible youth means a program enrollee for whom a HOPE trust account was established and who is now eligible to withdraw or transfer funds from their HOPE trust account.(f) Fund means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund created pursuant to Section 18997.53.(g) HOPE Trust Account Program or program means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program established pursuant to the this chapter.(h) Program enrollee means an eligible child who has been enrolled in the program and whose parent, Indian custodian, or legal guardian has not opted the child out of program participation, and an eligible youth who was enrolled as an eligible child in the program and has not terminated their participation.18997.52. (a) (1) There is hereby created within state government the California Hope, Opportunity, Perseverance and Empowerment (HOPE) for Children Trust Account Program Board, which shall consist of nine members, as follows:(A) The Treasurer, or their designee, who shall serve as the chair.(B) The Director of Finance, or their designee.(C) The Controller, or their designee.(D) An individual with expertise in poverty alleviation and the racial wealth gap appointed by the Senate Committee on Rules.(E) An individual with investment expertise appointed by the Speaker of the Assembly.(F) An individual with expertise on financial empowerment and consumer protection appointed by the Governor.(G) A public member who has experienced childhood poverty appointed by the Governor.(H) Two additional nonvoting members appointed by the Governor.(2) Members of the board appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall serve at the pleasure of the appointing authority.(b) All members of the board shall serve without compensation. Members of the board shall be reimbursed for necessary travel expenses incurred in connection with their board duties.(c) Board members and other staff of the board shall not do any of the following:(1) Directly or indirectly have any interest in the making of any investment made for the program, or in the gains or profits accruing from any investment made for the program.(2) Borrow any funds or deposits of the HOPE trust accounts, or use those funds or deposits in any manner, for themselves or as an agent or partner of others.(3) Become an endorser, surety, or obligor on investments by the board.(d) The board and staff, including contracted administrators and consultants, shall discharge their duties as fiduciaries with respect to the HOPE trust accounts solely in the interest of the program enrollees as follows:(1) For the exclusive purposes of providing benefits to program enrollees and defraying reasonable expenses of administering the program.(2) By investing with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.(e) The board, subject to its authority and fiduciary duty, and in consultation with the advisory workgroup established pursuant to Section 18997.54, shall administer the program and the funds appropriated for the program in alignment with the intent of the Legislature to create opportunities, economic autonomy, and hope, and to promote wealth and asset building for an eligible child and eligible youth to address Californias record levels of inequality.(f) The HOPE trust accounts are an instrumentality of the state. Any security issued, managed, or invested by the board within the HOPE trust accounts on behalf of a program enrollee shall be exempt from Sections 25110, 25120, and 25130 of the Corporations Code.(g) To achieve the functions specified in this section, the board shall have the power and authority to do all of the following:(1) Make and enter into contracts necessary for the administration of the program.(2) Adopt a seal and change and amend it from time to time.(3) Cause moneys in the HOPE trust accounts to be held and invested and reinvested.(4) (A) Accept any grants, gifts, legislative appropriation, and other moneys from the state, any unit of federal, state, or local government, or any other person, firm, partnership, philanthropic entity, or corporation for deposit to the HOPE Trust Account Fund.(B) The board shall provide a way for grants, gifts, appropriations or other moneys to the HOPE Trust Account Program to be made in any amount and with the ability to have the funds targeted to specific subgroups, as defined by the entity giving, granting, or appropriating the funds, provided that they are not limited in such a way that would conflict with the intent of the Legislature in establishing the program.(5) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the Treasurer. The Treasurer shall determine the duties of the executive director and other staff, as appropriate, and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board.(6) Make provisions for the payment of costs of administration and operation of the program.(7) Employ staff.(8) Retain and contract with private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals, as necessary.(9) Procure insurance against any loss in connection with the property, assets, or activities of the trust.(10) Procure insurance indemnifying each member of the board from personal loss or liability resulting from a members action or inaction as a member of the board.(11) Cause expenses incurred to initiate, implement, maintain, and administer the program to be paid from deposits to, or investment returns or assets of, the program or arrangements established under the program, to the extent permitted under state and federal law.(12) Carry out the duties and obligations of the program pursuant to this chapter and exercise any and all other powers as appropriate for the effectuation of the purposes, objectives, and provisions of this chapter pertaining to the program.(h) The board may adopt regulations to implement this chapter consistent with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).18997.53. (a) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act of 2021 (Public Law 117-2), moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the HOPE Trust Account Program Board for implementation of the program.(b) (1) The Treasurer may do both of the following:(A) Invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code.(B) Deposit moneys in the fund for investment in the Surplus Money Investment Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.(2) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.(c) Moneys in the fund shall be used to establish HOPE trust accounts for an eligible child and to provide initial deposits and any future deposits into the accounts.(d) Of the total moneys continuously appropriated for purposes of the program, up to 5 percent shall be available to administer the HOPE Trust Account program, including the costs associated with convening the advisory committee and reporting to the Legislature. The board shall submit a written annual expenditure plan detailing proposed uses of funding to the Department of Finance and the Joint Legislative Budget Committee by October 1 of every year. To the extent the boards administrative costs will or are projected to exceed 5 percent, the board shall submit a written request, in addition to the annual expenditure plan, for the release of additional funding for administrative costs and the necessity to exceed 5 percent to the Department of Finance and the Joint Legislative Budget Committee. The Department of Finance may provide funds for administration of the program that exceed 5 percent, not sooner than 30 days after notifying, in writing, the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, or the chairpersons designee.(e) All assets of the fund and moneys allocated to individual HOPE trust accounts shall be considered to be owned by the state until an eligible youth withdraws or transfers money from their HOPE trust account.(f) To the extent allowed under federal law, because it shall be considered an asset of the state until withdrawn or transferred by an eligible youth, all of the following apply to funds deposited and investment returns accrued in a HOPE trust account established pursuant to this chapter:(1) It is nontransferable to any person other than the eligible youth, and only as permitted pursuant to this chapter.(2) It shall not be pledged as collateral for any loan.(3) It may be subject to a lien.18997.54. (a) On or before February 1, 2023, the Treasurer shall convene the California Hope, Opportunity, Perseverance and Empowerment (HOPE) Advisory Workgroup to work in coordination with the board on the program design, including, but not limited to, data sharing with relevant governmental agencies and departments, outreach to families of an eligible child and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts.(b) The advisory workgroup shall invite participation in the workgroup from the following entities:(1) Representatives from the California Health and Human Services Agency, the State Department of Social Services, the State Department of Public Health, the State Department of Health Care Services, and the Department of Corrections and Rehabilitation.(2) Community stakeholders with knowledge and experience in poverty alleviation, youth development, access to banking for underbanked individuals, asset building, race-wealth gap, consumer protections, and wealth coaching.(3) Representatives of county human services agencies.(4) The exclusive representatives of county child welfare workers.(5) Tribal leaders and representatives of tribal service providers, tribal advocates, and tribal members.(6) Representatives of the foster youth advocacy community with personal experience in the foster system.(c) The workgroup shall specifically focus on, but need not be limited to, all of the following:(1) Who is included as an eligible child and eligible youth under this chapter, including the ability to include individuals without social security numbers or individual tax identification numbers, the responsible agency for determining eligibility, and estimates of likely program enrollees by year.(2) Necessary available data and data sharing agreements needed between government entities to meet the requirements of this chapter.(3) Application of appropriate privacy protections under state and federal law in the identification of, and outreach to, an eligible child and eligible youth.(4) Acceptable investment products, strategies, risk guidelines, and management requirements to ensure a balance between safety of the principal, liquidity, and expected yield or return.(5) Actuarial estimates of the amount of investment per program enrollee and the range of financial outcomes.(6) Effective outreach strategies to ensure accounts are established for the maximum amount of children who may be an eligible child and moneys are drawn down by eligible youth when available.(7) Determination of necessary administrative components, such as information technology services, recordkeeping, and other services, as well as the ability to use state agency resources or the need for third-party administrators.(8) Additional areas determined as critical to the implementation of the program, as identified during the course of the workgroup.(9) Timelines for implementation of this chapter.(d) The advisory workgroup may consult with additional experts, as necessary, to inform their recommendations.18997.55. On or before February 1, 2024, the board shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, that includes, at a minimum, recommendations of the board on all of the following:(a) A detailed plan for implementing the program and establishing and maintaining HOPE trust accounts for an eligible child or eligible youth that maximizes their participation and their autonomous wealth-building capacity.(b) The anticipated number of HOPE trust accounts to be opened and initial deposit amounts.(c) A description of the efforts to be used to solicit philanthropic or nonstate moneys to support the program.(d) Further statutory and budget allocations. |
|---|
| 2797 | | - | |
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| 2798 | | - | CHAPTER 16.1. The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act18997.5. (a) This chapter shall be known, and may be cited, as the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act.(b) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program is hereby established for the purpose of providing an eligible child with a trust account pursuant to this chapter.(c) This chapter shall be construed liberally in order to effectuate its legislative intent of creating opportunities, economic autonomy, and hope, and to promote intergenerational wealth and asset building for an eligible child and eligible youth as one of the many strategies California must employ to reverse our states record level of inequality. The purposes of this chapter and all of its provisions with respect to the powers granted shall be broadly interpreted to effectuate that intent and those purposes and not as to any limitation of powers.18997.51. For purposes of this chapter, the following definitions shall apply:(a) Account, trust account, or HOPE trust account, means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account in the name of an eligible child or eligible youth.(b) Board means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program Board established pursuant to Section 18997.52.(c) Department means the State Department of Social Services.(d) Eligible child means a minor resident of California who is under 18 years of age, has not emancipated from their parent, Indian custodian, or legal guardian, and meets one of the following qualifications:(1) They reside in California and their parent, Indian custodian, or legal guardian died during the federally declared COVID-19 public health emergency, and the cause of death for the parent, Indian custodian, or legal guardian is listed as COVID-19 on their death certificate or they died as a consequence of having long-term COVID-19, and the minors family household income, considering the income prior to the death of the parent, is at or below the income that would make the child eligible for Medi-Cal benefits under Chapter 7 (commencing with Section 14000) of Part 3. For purposes of this paragraph, family household means one or more persons, all of whom are related by marriage, birth, adoption, or guardianship, and federal poverty level means the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code.(2) (A) A foster child who resides in California, or is a California resident who is placed out of state by a juvenile or tribal court, and meets both of the following:(i) The child has been adjudged a dependent child of the juvenile court on the grounds that the child is a person described by Section 300, or the child has been adjudged a ward of the juvenile court on the grounds that the child is a person described by Section 601 or 602, or the child is a dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal courts jurisdiction in accordance with the tribes law and the tribe has notified the department about the child's status as a dependent child under the tribal court. The department shall not require an Indian tribe, consortium of tribes, tribal organization, or tribal court representative to notify the department of any child who is a dependent of the tribal court.(ii) The child meets one of the following:(I) The child is subject to a foster care order, has been in foster care for at least 18 months, and reunification services have been terminated by an order of a juvenile or tribal court.(II) The child is subject to a foster care order after 16 years of age, and reunification services have been terminated by an order of a juvenile or tribal court.(B) Notwithstanding clause (ii) of subparagraph (A), if the child reunifies with their parent or legal guardian, is adopted, enters into a tribal customary adoption, or is placed into a legal guardianship, at any point in time subsequent to meeting the qualification specified in clause (i) of subparagraph (A), the child shall remain an eligible child and program enrollee and shall be able to access their HOPE trust account, but shall no longer be eligible for annual contributions effective 12 months following the date of reunification, adoption, or legal guardianship, or until the child reaches 18 years of age, whichever is sooner.(e) Eligible youth means a program enrollee for whom a HOPE trust account was established and who is now eligible to withdraw or transfer funds from their HOPE trust account.(f) Fund means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund created pursuant to Section 18997.53.(g) HOPE Trust Account Program or program means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program established pursuant to the this chapter.(h) Program enrollee means an eligible child who has been enrolled in the program and whose parent, Indian custodian, or legal guardian has not opted the child out of program participation, and an eligible youth who was enrolled as an eligible child in the program and has not terminated their participation.18997.52. (a) (1) There is hereby created within state government the California Hope, Opportunity, Perseverance and Empowerment (HOPE) for Children Trust Account Program Board, which shall consist of nine members, as follows:(A) The Treasurer, or their designee, who shall serve as the chair.(B) The Director of Finance, or their designee.(C) The Controller, or their designee.(D) An individual with expertise in poverty alleviation and the racial wealth gap appointed by the Senate Committee on Rules.(E) An individual with investment expertise appointed by the Speaker of the Assembly.(F) An individual with expertise on financial empowerment and consumer protection appointed by the Governor.(G) A public member who has experienced childhood poverty appointed by the Governor.(H) Two additional nonvoting members appointed by the Governor.(2) Members of the board appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall serve at the pleasure of the appointing authority.(b) All members of the board shall serve without compensation. Members of the board shall be reimbursed for necessary travel expenses incurred in connection with their board duties.(c) Board members and other staff of the board shall not do any of the following:(1) Directly or indirectly have any interest in the making of any investment made for the program, or in the gains or profits accruing from any investment made for the program.(2) Borrow any funds or deposits of the HOPE trust accounts, or use those funds or deposits in any manner, for themselves or as an agent or partner of others.(3) Become an endorser, surety, or obligor on investments by the board.(d) The board and staff, including contracted administrators and consultants, shall discharge their duties as fiduciaries with respect to the HOPE trust accounts solely in the interest of the program enrollees as follows:(1) For the exclusive purposes of providing benefits to program enrollees and defraying reasonable expenses of administering the program.(2) By investing with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.(e) The board, subject to its authority and fiduciary duty, and in consultation with the advisory workgroup established pursuant to Section 18997.54, shall administer the program and the funds appropriated for the program in alignment with the intent of the Legislature to create opportunities, economic autonomy, and hope, and to promote wealth and asset building for an eligible child and eligible youth to address Californias record levels of inequality.(f) The HOPE trust accounts are an instrumentality of the state. Any security issued, managed, or invested by the board within the HOPE trust accounts on behalf of a program enrollee shall be exempt from Sections 25110, 25120, and 25130 of the Corporations Code.(g) To achieve the functions specified in this section, the board shall have the power and authority to do all of the following:(1) Make and enter into contracts necessary for the administration of the program.(2) Adopt a seal and change and amend it from time to time.(3) Cause moneys in the HOPE trust accounts to be held and invested and reinvested.(4) (A) Accept any grants, gifts, legislative appropriation, and other moneys from the state, any unit of federal, state, or local government, or any other person, firm, partnership, philanthropic entity, or corporation for deposit to the HOPE Trust Account Fund.(B) The board shall provide a way for grants, gifts, appropriations or other moneys to the HOPE Trust Account Program to be made in any amount and with the ability to have the funds targeted to specific subgroups, as defined by the entity giving, granting, or appropriating the funds, provided that they are not limited in such a way that would conflict with the intent of the Legislature in establishing the program.(5) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the Treasurer. The Treasurer shall determine the duties of the executive director and other staff, as appropriate, and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board.(6) Make provisions for the payment of costs of administration and operation of the program.(7) Employ staff.(8) Retain and contract with private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals, as necessary.(9) Procure insurance against any loss in connection with the property, assets, or activities of the trust.(10) Procure insurance indemnifying each member of the board from personal loss or liability resulting from a members action or inaction as a member of the board.(11) Cause expenses incurred to initiate, implement, maintain, and administer the program to be paid from deposits to, or investment returns or assets of, the program or arrangements established under the program, to the extent permitted under state and federal law.(12) Carry out the duties and obligations of the program pursuant to this chapter and exercise any and all other powers as appropriate for the effectuation of the purposes, objectives, and provisions of this chapter pertaining to the program.(h) The board may adopt regulations to implement this chapter consistent with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).18997.53. (a) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act of 2021 (Public Law 117-2), moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the HOPE Trust Account Program Board for implementation of the program.(b) (1) The Treasurer may do both of the following:(A) Invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code.(B) Deposit moneys in the fund for investment in the Surplus Money Investment Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.(2) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.(c) Moneys in the fund shall be used to establish HOPE trust accounts for an eligible child and to provide initial deposits and any future deposits into the accounts.(d) Of the total moneys continuously appropriated for purposes of the program, up to 5 percent shall be available to administer the HOPE Trust Account program, including the costs associated with convening the advisory committee and reporting to the Legislature. The board shall submit a written annual expenditure plan detailing proposed uses of funding to the Department of Finance and the Joint Legislative Budget Committee by October 1 of every year. To the extent the boards administrative costs will or are projected to exceed 5 percent, the board shall submit a written request, in addition to the annual expenditure plan, for the release of additional funding for administrative costs and the necessity to exceed 5 percent to the Department of Finance and the Joint Legislative Budget Committee. The Department of Finance may provide funds for administration of the program that exceed 5 percent, not sooner than 30 days after notifying, in writing, the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, or the chairpersons designee.(e) All assets of the fund and moneys allocated to individual HOPE trust accounts shall be considered to be owned by the state until an eligible youth withdraws or transfers money from their HOPE trust account.(f) To the extent allowed under federal law, because it shall be considered an asset of the state until withdrawn or transferred by an eligible youth, all of the following apply to funds deposited and investment returns accrued in a HOPE trust account established pursuant to this chapter:(1) It is nontransferable to any person other than the eligible youth, and only as permitted pursuant to this chapter.(2) It shall not be pledged as collateral for any loan.(3) It may be subject to a lien.18997.54. (a) On or before February 1, 2023, the Treasurer shall convene the California Hope, Opportunity, Perseverance and Empowerment (HOPE) Advisory Workgroup to work in coordination with the board on the program design, including, but not limited to, data sharing with relevant governmental agencies and departments, outreach to families of an eligible child and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts.(b) The advisory workgroup shall invite participation in the workgroup from the following entities:(1) Representatives from the California Health and Human Services Agency, the State Department of Social Services, the State Department of Public Health, the State Department of Health Care Services, and the Department of Corrections and Rehabilitation.(2) Community stakeholders with knowledge and experience in poverty alleviation, youth development, access to banking for underbanked individuals, asset building, race-wealth gap, consumer protections, and wealth coaching.(3) Representatives of county human services agencies.(4) The exclusive representatives of county child welfare workers.(5) Tribal leaders and representatives of tribal service providers, tribal advocates, and tribal members.(6) Representatives of the foster youth advocacy community with personal experience in the foster system.(c) The workgroup shall specifically focus on, but need not be limited to, all of the following:(1) Who is included as an eligible child and eligible youth under this chapter, including the ability to include individuals without social security numbers or individual tax identification numbers, the responsible agency for determining eligibility, and estimates of likely program enrollees by year.(2) Necessary available data and data sharing agreements needed between government entities to meet the requirements of this chapter.(3) Application of appropriate privacy protections under state and federal law in the identification of, and outreach to, an eligible child and eligible youth.(4) Acceptable investment products, strategies, risk guidelines, and management requirements to ensure a balance between safety of the principal, liquidity, and expected yield or return.(5) Actuarial estimates of the amount of investment per program enrollee and the range of financial outcomes.(6) Effective outreach strategies to ensure accounts are established for the maximum amount of children who may be an eligible child and moneys are drawn down by eligible youth when available.(7) Determination of necessary administrative components, such as information technology services, recordkeeping, and other services, as well as the ability to use state agency resources or the need for third-party administrators.(8) Additional areas determined as critical to the implementation of the program, as identified during the course of the workgroup.(9) Timelines for implementation of this chapter.(d) The advisory workgroup may consult with additional experts, as necessary, to inform their recommendations.18997.55. On or before February 1, 2024, the board shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, that includes, at a minimum, recommendations of the board on all of the following:(a) A detailed plan for implementing the program and establishing and maintaining HOPE trust accounts for an eligible child or eligible youth that maximizes their participation and their autonomous wealth-building capacity.(b) The anticipated number of HOPE trust accounts to be opened and initial deposit amounts.(c) A description of the efforts to be used to solicit philanthropic or nonstate moneys to support the program.(d) Further statutory and budget allocations. |
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| 2799 | | - | |
|---|
| 2800 | | - | CHAPTER 16.1. The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act |
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| 2801 | | - | |
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| 2802 | | - | CHAPTER 16.1. The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act |
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| 2803 | | - | |
|---|
| 2804 | | - | 18997.5. (a) This chapter shall be known, and may be cited, as the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act.(b) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program is hereby established for the purpose of providing an eligible child with a trust account pursuant to this chapter.(c) This chapter shall be construed liberally in order to effectuate its legislative intent of creating opportunities, economic autonomy, and hope, and to promote intergenerational wealth and asset building for an eligible child and eligible youth as one of the many strategies California must employ to reverse our states record level of inequality. The purposes of this chapter and all of its provisions with respect to the powers granted shall be broadly interpreted to effectuate that intent and those purposes and not as to any limitation of powers. |
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| 2805 | | - | |
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| 2806 | | - | |
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| 2807 | | - | |
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| 2808 | | - | 18997.5. (a) This chapter shall be known, and may be cited, as the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Act. |
|---|
| 2809 | | - | |
|---|
| 2810 | | - | (b) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program is hereby established for the purpose of providing an eligible child with a trust account pursuant to this chapter. |
|---|
| 2811 | | - | |
|---|
| 2812 | | - | (c) This chapter shall be construed liberally in order to effectuate its legislative intent of creating opportunities, economic autonomy, and hope, and to promote intergenerational wealth and asset building for an eligible child and eligible youth as one of the many strategies California must employ to reverse our states record level of inequality. The purposes of this chapter and all of its provisions with respect to the powers granted shall be broadly interpreted to effectuate that intent and those purposes and not as to any limitation of powers. |
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| 2813 | | - | |
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| 2814 | | - | 18997.51. For purposes of this chapter, the following definitions shall apply:(a) Account, trust account, or HOPE trust account, means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account in the name of an eligible child or eligible youth.(b) Board means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program Board established pursuant to Section 18997.52.(c) Department means the State Department of Social Services.(d) Eligible child means a minor resident of California who is under 18 years of age, has not emancipated from their parent, Indian custodian, or legal guardian, and meets one of the following qualifications:(1) They reside in California and their parent, Indian custodian, or legal guardian died during the federally declared COVID-19 public health emergency, and the cause of death for the parent, Indian custodian, or legal guardian is listed as COVID-19 on their death certificate or they died as a consequence of having long-term COVID-19, and the minors family household income, considering the income prior to the death of the parent, is at or below the income that would make the child eligible for Medi-Cal benefits under Chapter 7 (commencing with Section 14000) of Part 3. For purposes of this paragraph, family household means one or more persons, all of whom are related by marriage, birth, adoption, or guardianship, and federal poverty level means the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code.(2) (A) A foster child who resides in California, or is a California resident who is placed out of state by a juvenile or tribal court, and meets both of the following:(i) The child has been adjudged a dependent child of the juvenile court on the grounds that the child is a person described by Section 300, or the child has been adjudged a ward of the juvenile court on the grounds that the child is a person described by Section 601 or 602, or the child is a dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal courts jurisdiction in accordance with the tribes law and the tribe has notified the department about the child's status as a dependent child under the tribal court. The department shall not require an Indian tribe, consortium of tribes, tribal organization, or tribal court representative to notify the department of any child who is a dependent of the tribal court.(ii) The child meets one of the following:(I) The child is subject to a foster care order, has been in foster care for at least 18 months, and reunification services have been terminated by an order of a juvenile or tribal court.(II) The child is subject to a foster care order after 16 years of age, and reunification services have been terminated by an order of a juvenile or tribal court.(B) Notwithstanding clause (ii) of subparagraph (A), if the child reunifies with their parent or legal guardian, is adopted, enters into a tribal customary adoption, or is placed into a legal guardianship, at any point in time subsequent to meeting the qualification specified in clause (i) of subparagraph (A), the child shall remain an eligible child and program enrollee and shall be able to access their HOPE trust account, but shall no longer be eligible for annual contributions effective 12 months following the date of reunification, adoption, or legal guardianship, or until the child reaches 18 years of age, whichever is sooner.(e) Eligible youth means a program enrollee for whom a HOPE trust account was established and who is now eligible to withdraw or transfer funds from their HOPE trust account.(f) Fund means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund created pursuant to Section 18997.53.(g) HOPE Trust Account Program or program means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program established pursuant to the this chapter.(h) Program enrollee means an eligible child who has been enrolled in the program and whose parent, Indian custodian, or legal guardian has not opted the child out of program participation, and an eligible youth who was enrolled as an eligible child in the program and has not terminated their participation. |
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| 2815 | | - | |
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| 2816 | | - | |
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| 2817 | | - | |
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| 2818 | | - | 18997.51. For purposes of this chapter, the following definitions shall apply: |
|---|
| 2819 | | - | |
|---|
| 2820 | | - | (a) Account, trust account, or HOPE trust account, means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account in the name of an eligible child or eligible youth. |
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| 2821 | | - | |
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| 2822 | | - | (b) Board means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program Board established pursuant to Section 18997.52. |
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| 2823 | | - | |
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| 2824 | | - | (c) Department means the State Department of Social Services. |
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| 2825 | | - | |
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| 2826 | | - | (d) Eligible child means a minor resident of California who is under 18 years of age, has not emancipated from their parent, Indian custodian, or legal guardian, and meets one of the following qualifications: |
|---|
| 2827 | | - | |
|---|
| 2828 | | - | (1) They reside in California and their parent, Indian custodian, or legal guardian died during the federally declared COVID-19 public health emergency, and the cause of death for the parent, Indian custodian, or legal guardian is listed as COVID-19 on their death certificate or they died as a consequence of having long-term COVID-19, and the minors family household income, considering the income prior to the death of the parent, is at or below the income that would make the child eligible for Medi-Cal benefits under Chapter 7 (commencing with Section 14000) of Part 3. For purposes of this paragraph, family household means one or more persons, all of whom are related by marriage, birth, adoption, or guardianship, and federal poverty level means the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code. |
|---|
| 2829 | | - | |
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| 2830 | | - | (2) (A) A foster child who resides in California, or is a California resident who is placed out of state by a juvenile or tribal court, and meets both of the following: |
|---|
| 2831 | | - | |
|---|
| 2832 | | - | (i) The child has been adjudged a dependent child of the juvenile court on the grounds that the child is a person described by Section 300, or the child has been adjudged a ward of the juvenile court on the grounds that the child is a person described by Section 601 or 602, or the child is a dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal courts jurisdiction in accordance with the tribes law and the tribe has notified the department about the child's status as a dependent child under the tribal court. The department shall not require an Indian tribe, consortium of tribes, tribal organization, or tribal court representative to notify the department of any child who is a dependent of the tribal court. |
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| 2833 | | - | |
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| 2834 | | - | (ii) The child meets one of the following: |
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| 2835 | | - | |
|---|
| 2836 | | - | (I) The child is subject to a foster care order, has been in foster care for at least 18 months, and reunification services have been terminated by an order of a juvenile or tribal court. |
|---|
| 2837 | | - | |
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| 2838 | | - | (II) The child is subject to a foster care order after 16 years of age, and reunification services have been terminated by an order of a juvenile or tribal court. |
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| 2839 | | - | |
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| 2840 | | - | (B) Notwithstanding clause (ii) of subparagraph (A), if the child reunifies with their parent or legal guardian, is adopted, enters into a tribal customary adoption, or is placed into a legal guardianship, at any point in time subsequent to meeting the qualification specified in clause (i) of subparagraph (A), the child shall remain an eligible child and program enrollee and shall be able to access their HOPE trust account, but shall no longer be eligible for annual contributions effective 12 months following the date of reunification, adoption, or legal guardianship, or until the child reaches 18 years of age, whichever is sooner. |
|---|
| 2841 | | - | |
|---|
| 2842 | | - | (e) Eligible youth means a program enrollee for whom a HOPE trust account was established and who is now eligible to withdraw or transfer funds from their HOPE trust account. |
|---|
| 2843 | | - | |
|---|
| 2844 | | - | (f) Fund means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund created pursuant to Section 18997.53. |
|---|
| 2845 | | - | |
|---|
| 2846 | | - | (g) HOPE Trust Account Program or program means the California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Program established pursuant to the this chapter. |
|---|
| 2847 | | - | |
|---|
| 2848 | | - | (h) Program enrollee means an eligible child who has been enrolled in the program and whose parent, Indian custodian, or legal guardian has not opted the child out of program participation, and an eligible youth who was enrolled as an eligible child in the program and has not terminated their participation. |
|---|
| 2849 | | - | |
|---|
| 2850 | | - | 18997.52. (a) (1) There is hereby created within state government the California Hope, Opportunity, Perseverance and Empowerment (HOPE) for Children Trust Account Program Board, which shall consist of nine members, as follows:(A) The Treasurer, or their designee, who shall serve as the chair.(B) The Director of Finance, or their designee.(C) The Controller, or their designee.(D) An individual with expertise in poverty alleviation and the racial wealth gap appointed by the Senate Committee on Rules.(E) An individual with investment expertise appointed by the Speaker of the Assembly.(F) An individual with expertise on financial empowerment and consumer protection appointed by the Governor.(G) A public member who has experienced childhood poverty appointed by the Governor.(H) Two additional nonvoting members appointed by the Governor.(2) Members of the board appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall serve at the pleasure of the appointing authority.(b) All members of the board shall serve without compensation. Members of the board shall be reimbursed for necessary travel expenses incurred in connection with their board duties.(c) Board members and other staff of the board shall not do any of the following:(1) Directly or indirectly have any interest in the making of any investment made for the program, or in the gains or profits accruing from any investment made for the program.(2) Borrow any funds or deposits of the HOPE trust accounts, or use those funds or deposits in any manner, for themselves or as an agent or partner of others.(3) Become an endorser, surety, or obligor on investments by the board.(d) The board and staff, including contracted administrators and consultants, shall discharge their duties as fiduciaries with respect to the HOPE trust accounts solely in the interest of the program enrollees as follows:(1) For the exclusive purposes of providing benefits to program enrollees and defraying reasonable expenses of administering the program.(2) By investing with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims.(e) The board, subject to its authority and fiduciary duty, and in consultation with the advisory workgroup established pursuant to Section 18997.54, shall administer the program and the funds appropriated for the program in alignment with the intent of the Legislature to create opportunities, economic autonomy, and hope, and to promote wealth and asset building for an eligible child and eligible youth to address Californias record levels of inequality.(f) The HOPE trust accounts are an instrumentality of the state. Any security issued, managed, or invested by the board within the HOPE trust accounts on behalf of a program enrollee shall be exempt from Sections 25110, 25120, and 25130 of the Corporations Code.(g) To achieve the functions specified in this section, the board shall have the power and authority to do all of the following:(1) Make and enter into contracts necessary for the administration of the program.(2) Adopt a seal and change and amend it from time to time.(3) Cause moneys in the HOPE trust accounts to be held and invested and reinvested.(4) (A) Accept any grants, gifts, legislative appropriation, and other moneys from the state, any unit of federal, state, or local government, or any other person, firm, partnership, philanthropic entity, or corporation for deposit to the HOPE Trust Account Fund.(B) The board shall provide a way for grants, gifts, appropriations or other moneys to the HOPE Trust Account Program to be made in any amount and with the ability to have the funds targeted to specific subgroups, as defined by the entity giving, granting, or appropriating the funds, provided that they are not limited in such a way that would conflict with the intent of the Legislature in establishing the program.(5) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the Treasurer. The Treasurer shall determine the duties of the executive director and other staff, as appropriate, and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board.(6) Make provisions for the payment of costs of administration and operation of the program.(7) Employ staff.(8) Retain and contract with private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals, as necessary.(9) Procure insurance against any loss in connection with the property, assets, or activities of the trust.(10) Procure insurance indemnifying each member of the board from personal loss or liability resulting from a members action or inaction as a member of the board.(11) Cause expenses incurred to initiate, implement, maintain, and administer the program to be paid from deposits to, or investment returns or assets of, the program or arrangements established under the program, to the extent permitted under state and federal law.(12) Carry out the duties and obligations of the program pursuant to this chapter and exercise any and all other powers as appropriate for the effectuation of the purposes, objectives, and provisions of this chapter pertaining to the program.(h) The board may adopt regulations to implement this chapter consistent with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). |
|---|
| 2851 | | - | |
|---|
| 2852 | | - | |
|---|
| 2853 | | - | |
|---|
| 2854 | | - | 18997.52. (a) (1) There is hereby created within state government the California Hope, Opportunity, Perseverance and Empowerment (HOPE) for Children Trust Account Program Board, which shall consist of nine members, as follows: |
|---|
| 2855 | | - | |
|---|
| 2856 | | - | (A) The Treasurer, or their designee, who shall serve as the chair. |
|---|
| 2857 | | - | |
|---|
| 2858 | | - | (B) The Director of Finance, or their designee. |
|---|
| 2859 | | - | |
|---|
| 2860 | | - | (C) The Controller, or their designee. |
|---|
| 2861 | | - | |
|---|
| 2862 | | - | (D) An individual with expertise in poverty alleviation and the racial wealth gap appointed by the Senate Committee on Rules. |
|---|
| 2863 | | - | |
|---|
| 2864 | | - | (E) An individual with investment expertise appointed by the Speaker of the Assembly. |
|---|
| 2865 | | - | |
|---|
| 2866 | | - | (F) An individual with expertise on financial empowerment and consumer protection appointed by the Governor. |
|---|
| 2867 | | - | |
|---|
| 2868 | | - | (G) A public member who has experienced childhood poverty appointed by the Governor. |
|---|
| 2869 | | - | |
|---|
| 2870 | | - | (H) Two additional nonvoting members appointed by the Governor. |
|---|
| 2871 | | - | |
|---|
| 2872 | | - | (2) Members of the board appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall serve at the pleasure of the appointing authority. |
|---|
| 2873 | | - | |
|---|
| 2874 | | - | (b) All members of the board shall serve without compensation. Members of the board shall be reimbursed for necessary travel expenses incurred in connection with their board duties. |
|---|
| 2875 | | - | |
|---|
| 2876 | | - | (c) Board members and other staff of the board shall not do any of the following: |
|---|
| 2877 | | - | |
|---|
| 2878 | | - | (1) Directly or indirectly have any interest in the making of any investment made for the program, or in the gains or profits accruing from any investment made for the program. |
|---|
| 2879 | | - | |
|---|
| 2880 | | - | (2) Borrow any funds or deposits of the HOPE trust accounts, or use those funds or deposits in any manner, for themselves or as an agent or partner of others. |
|---|
| 2881 | | - | |
|---|
| 2882 | | - | (3) Become an endorser, surety, or obligor on investments by the board. |
|---|
| 2883 | | - | |
|---|
| 2884 | | - | (d) The board and staff, including contracted administrators and consultants, shall discharge their duties as fiduciaries with respect to the HOPE trust accounts solely in the interest of the program enrollees as follows: |
|---|
| 2885 | | - | |
|---|
| 2886 | | - | (1) For the exclusive purposes of providing benefits to program enrollees and defraying reasonable expenses of administering the program. |
|---|
| 2887 | | - | |
|---|
| 2888 | | - | (2) By investing with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims. |
|---|
| 2889 | | - | |
|---|
| 2890 | | - | (e) The board, subject to its authority and fiduciary duty, and in consultation with the advisory workgroup established pursuant to Section 18997.54, shall administer the program and the funds appropriated for the program in alignment with the intent of the Legislature to create opportunities, economic autonomy, and hope, and to promote wealth and asset building for an eligible child and eligible youth to address Californias record levels of inequality. |
|---|
| 2891 | | - | |
|---|
| 2892 | | - | (f) The HOPE trust accounts are an instrumentality of the state. Any security issued, managed, or invested by the board within the HOPE trust accounts on behalf of a program enrollee shall be exempt from Sections 25110, 25120, and 25130 of the Corporations Code. |
|---|
| 2893 | | - | |
|---|
| 2894 | | - | (g) To achieve the functions specified in this section, the board shall have the power and authority to do all of the following: |
|---|
| 2895 | | - | |
|---|
| 2896 | | - | (1) Make and enter into contracts necessary for the administration of the program. |
|---|
| 2897 | | - | |
|---|
| 2898 | | - | (2) Adopt a seal and change and amend it from time to time. |
|---|
| 2899 | | - | |
|---|
| 2900 | | - | (3) Cause moneys in the HOPE trust accounts to be held and invested and reinvested. |
|---|
| 2901 | | - | |
|---|
| 2902 | | - | (4) (A) Accept any grants, gifts, legislative appropriation, and other moneys from the state, any unit of federal, state, or local government, or any other person, firm, partnership, philanthropic entity, or corporation for deposit to the HOPE Trust Account Fund. |
|---|
| 2903 | | - | |
|---|
| 2904 | | - | (B) The board shall provide a way for grants, gifts, appropriations or other moneys to the HOPE Trust Account Program to be made in any amount and with the ability to have the funds targeted to specific subgroups, as defined by the entity giving, granting, or appropriating the funds, provided that they are not limited in such a way that would conflict with the intent of the Legislature in establishing the program. |
|---|
| 2905 | | - | |
|---|
| 2906 | | - | (5) The Treasurer shall, on behalf of the board, appoint an executive director, who shall not be a member of the board and who shall serve at the pleasure of the Treasurer. The Treasurer shall determine the duties of the executive director and other staff, as appropriate, and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. |
|---|
| 2907 | | - | |
|---|
| 2908 | | - | (6) Make provisions for the payment of costs of administration and operation of the program. |
|---|
| 2909 | | - | |
|---|
| 2910 | | - | (7) Employ staff. |
|---|
| 2911 | | - | |
|---|
| 2912 | | - | (8) Retain and contract with private financial institutions, other financial and service providers, consultants, actuaries, counsel, auditors, third-party administrators, and other professionals, as necessary. |
|---|
| 2913 | | - | |
|---|
| 2914 | | - | (9) Procure insurance against any loss in connection with the property, assets, or activities of the trust. |
|---|
| 2915 | | - | |
|---|
| 2916 | | - | (10) Procure insurance indemnifying each member of the board from personal loss or liability resulting from a members action or inaction as a member of the board. |
|---|
| 2917 | | - | |
|---|
| 2918 | | - | (11) Cause expenses incurred to initiate, implement, maintain, and administer the program to be paid from deposits to, or investment returns or assets of, the program or arrangements established under the program, to the extent permitted under state and federal law. |
|---|
| 2919 | | - | |
|---|
| 2920 | | - | (12) Carry out the duties and obligations of the program pursuant to this chapter and exercise any and all other powers as appropriate for the effectuation of the purposes, objectives, and provisions of this chapter pertaining to the program. |
|---|
| 2921 | | - | |
|---|
| 2922 | | - | (h) The board may adopt regulations to implement this chapter consistent with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). |
|---|
| 2923 | | - | |
|---|
| 2924 | | - | 18997.53. (a) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act of 2021 (Public Law 117-2), moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the HOPE Trust Account Program Board for implementation of the program.(b) (1) The Treasurer may do both of the following:(A) Invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code.(B) Deposit moneys in the fund for investment in the Surplus Money Investment Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code.(2) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund.(c) Moneys in the fund shall be used to establish HOPE trust accounts for an eligible child and to provide initial deposits and any future deposits into the accounts.(d) Of the total moneys continuously appropriated for purposes of the program, up to 5 percent shall be available to administer the HOPE Trust Account program, including the costs associated with convening the advisory committee and reporting to the Legislature. The board shall submit a written annual expenditure plan detailing proposed uses of funding to the Department of Finance and the Joint Legislative Budget Committee by October 1 of every year. To the extent the boards administrative costs will or are projected to exceed 5 percent, the board shall submit a written request, in addition to the annual expenditure plan, for the release of additional funding for administrative costs and the necessity to exceed 5 percent to the Department of Finance and the Joint Legislative Budget Committee. The Department of Finance may provide funds for administration of the program that exceed 5 percent, not sooner than 30 days after notifying, in writing, the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, or the chairpersons designee.(e) All assets of the fund and moneys allocated to individual HOPE trust accounts shall be considered to be owned by the state until an eligible youth withdraws or transfers money from their HOPE trust account.(f) To the extent allowed under federal law, because it shall be considered an asset of the state until withdrawn or transferred by an eligible youth, all of the following apply to funds deposited and investment returns accrued in a HOPE trust account established pursuant to this chapter:(1) It is nontransferable to any person other than the eligible youth, and only as permitted pursuant to this chapter.(2) It shall not be pledged as collateral for any loan.(3) It may be subject to a lien. |
|---|
| 2925 | | - | |
|---|
| 2926 | | - | |
|---|
| 2927 | | - | |
|---|
| 2928 | | - | 18997.53. (a) The California Hope, Opportunity, Perseverance, and Empowerment (HOPE) for Children Trust Account Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act of 2021 (Public Law 117-2), moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the HOPE Trust Account Program Board for implementation of the program. |
|---|
| 2929 | | - | |
|---|
| 2930 | | - | (b) (1) The Treasurer may do both of the following: |
|---|
| 2931 | | - | |
|---|
| 2932 | | - | (A) Invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code. |
|---|
| 2933 | | - | |
|---|
| 2934 | | - | (B) Deposit moneys in the fund for investment in the Surplus Money Investment Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. |
|---|
| 2935 | | - | |
|---|
| 2936 | | - | (2) Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund. |
|---|
| 2937 | | - | |
|---|
| 2938 | | - | (c) Moneys in the fund shall be used to establish HOPE trust accounts for an eligible child and to provide initial deposits and any future deposits into the accounts. |
|---|
| 2939 | | - | |
|---|
| 2940 | | - | (d) Of the total moneys continuously appropriated for purposes of the program, up to 5 percent shall be available to administer the HOPE Trust Account program, including the costs associated with convening the advisory committee and reporting to the Legislature. The board shall submit a written annual expenditure plan detailing proposed uses of funding to the Department of Finance and the Joint Legislative Budget Committee by October 1 of every year. To the extent the boards administrative costs will or are projected to exceed 5 percent, the board shall submit a written request, in addition to the annual expenditure plan, for the release of additional funding for administrative costs and the necessity to exceed 5 percent to the Department of Finance and the Joint Legislative Budget Committee. The Department of Finance may provide funds for administration of the program that exceed 5 percent, not sooner than 30 days after notifying, in writing, the Joint Legislative Budget Committee, or any lesser time determined by the chairperson of the joint committee, or the chairpersons designee. |
|---|
| 2941 | | - | |
|---|
| 2942 | | - | (e) All assets of the fund and moneys allocated to individual HOPE trust accounts shall be considered to be owned by the state until an eligible youth withdraws or transfers money from their HOPE trust account. |
|---|
| 2943 | | - | |
|---|
| 2944 | | - | (f) To the extent allowed under federal law, because it shall be considered an asset of the state until withdrawn or transferred by an eligible youth, all of the following apply to funds deposited and investment returns accrued in a HOPE trust account established pursuant to this chapter: |
|---|
| 2945 | | - | |
|---|
| 2946 | | - | (1) It is nontransferable to any person other than the eligible youth, and only as permitted pursuant to this chapter. |
|---|
| 2947 | | - | |
|---|
| 2948 | | - | (2) It shall not be pledged as collateral for any loan. |
|---|
| 2949 | | - | |
|---|
| 2950 | | - | (3) It may be subject to a lien. |
|---|
| 2951 | | - | |
|---|
| 2952 | | - | 18997.54. (a) On or before February 1, 2023, the Treasurer shall convene the California Hope, Opportunity, Perseverance and Empowerment (HOPE) Advisory Workgroup to work in coordination with the board on the program design, including, but not limited to, data sharing with relevant governmental agencies and departments, outreach to families of an eligible child and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts.(b) The advisory workgroup shall invite participation in the workgroup from the following entities:(1) Representatives from the California Health and Human Services Agency, the State Department of Social Services, the State Department of Public Health, the State Department of Health Care Services, and the Department of Corrections and Rehabilitation.(2) Community stakeholders with knowledge and experience in poverty alleviation, youth development, access to banking for underbanked individuals, asset building, race-wealth gap, consumer protections, and wealth coaching.(3) Representatives of county human services agencies.(4) The exclusive representatives of county child welfare workers.(5) Tribal leaders and representatives of tribal service providers, tribal advocates, and tribal members.(6) Representatives of the foster youth advocacy community with personal experience in the foster system.(c) The workgroup shall specifically focus on, but need not be limited to, all of the following:(1) Who is included as an eligible child and eligible youth under this chapter, including the ability to include individuals without social security numbers or individual tax identification numbers, the responsible agency for determining eligibility, and estimates of likely program enrollees by year.(2) Necessary available data and data sharing agreements needed between government entities to meet the requirements of this chapter.(3) Application of appropriate privacy protections under state and federal law in the identification of, and outreach to, an eligible child and eligible youth.(4) Acceptable investment products, strategies, risk guidelines, and management requirements to ensure a balance between safety of the principal, liquidity, and expected yield or return.(5) Actuarial estimates of the amount of investment per program enrollee and the range of financial outcomes.(6) Effective outreach strategies to ensure accounts are established for the maximum amount of children who may be an eligible child and moneys are drawn down by eligible youth when available.(7) Determination of necessary administrative components, such as information technology services, recordkeeping, and other services, as well as the ability to use state agency resources or the need for third-party administrators.(8) Additional areas determined as critical to the implementation of the program, as identified during the course of the workgroup.(9) Timelines for implementation of this chapter.(d) The advisory workgroup may consult with additional experts, as necessary, to inform their recommendations. |
|---|
| 2953 | | - | |
|---|
| 2954 | | - | |
|---|
| 2955 | | - | |
|---|
| 2956 | | - | 18997.54. (a) On or before February 1, 2023, the Treasurer shall convene the California Hope, Opportunity, Perseverance and Empowerment (HOPE) Advisory Workgroup to work in coordination with the board on the program design, including, but not limited to, data sharing with relevant governmental agencies and departments, outreach to families of an eligible child and to eligible youth, and the process for program enrollment and continuous measurement of outcomes of the HOPE trust accounts. |
|---|
| 2957 | | - | |
|---|
| 2958 | | - | (b) The advisory workgroup shall invite participation in the workgroup from the following entities: |
|---|
| 2959 | | - | |
|---|
| 2960 | | - | (1) Representatives from the California Health and Human Services Agency, the State Department of Social Services, the State Department of Public Health, the State Department of Health Care Services, and the Department of Corrections and Rehabilitation. |
|---|
| 2961 | | - | |
|---|
| 2962 | | - | (2) Community stakeholders with knowledge and experience in poverty alleviation, youth development, access to banking for underbanked individuals, asset building, race-wealth gap, consumer protections, and wealth coaching. |
|---|
| 2963 | | - | |
|---|
| 2964 | | - | (3) Representatives of county human services agencies. |
|---|
| 2965 | | - | |
|---|
| 2966 | | - | (4) The exclusive representatives of county child welfare workers. |
|---|
| 2967 | | - | |
|---|
| 2968 | | - | (5) Tribal leaders and representatives of tribal service providers, tribal advocates, and tribal members. |
|---|
| 2969 | | - | |
|---|
| 2970 | | - | (6) Representatives of the foster youth advocacy community with personal experience in the foster system. |
|---|
| 2971 | | - | |
|---|
| 2972 | | - | (c) The workgroup shall specifically focus on, but need not be limited to, all of the following: |
|---|
| 2973 | | - | |
|---|
| 2974 | | - | (1) Who is included as an eligible child and eligible youth under this chapter, including the ability to include individuals without social security numbers or individual tax identification numbers, the responsible agency for determining eligibility, and estimates of likely program enrollees by year. |
|---|
| 2975 | | - | |
|---|
| 2976 | | - | (2) Necessary available data and data sharing agreements needed between government entities to meet the requirements of this chapter. |
|---|
| 2977 | | - | |
|---|
| 2978 | | - | (3) Application of appropriate privacy protections under state and federal law in the identification of, and outreach to, an eligible child and eligible youth. |
|---|
| 2979 | | - | |
|---|
| 2980 | | - | (4) Acceptable investment products, strategies, risk guidelines, and management requirements to ensure a balance between safety of the principal, liquidity, and expected yield or return. |
|---|
| 2981 | | - | |
|---|
| 2982 | | - | (5) Actuarial estimates of the amount of investment per program enrollee and the range of financial outcomes. |
|---|
| 2983 | | - | |
|---|
| 2984 | | - | (6) Effective outreach strategies to ensure accounts are established for the maximum amount of children who may be an eligible child and moneys are drawn down by eligible youth when available. |
|---|
| 2985 | | - | |
|---|
| 2986 | | - | (7) Determination of necessary administrative components, such as information technology services, recordkeeping, and other services, as well as the ability to use state agency resources or the need for third-party administrators. |
|---|
| 2987 | | - | |
|---|
| 2988 | | - | (8) Additional areas determined as critical to the implementation of the program, as identified during the course of the workgroup. |
|---|
| 2989 | | - | |
|---|
| 2990 | | - | (9) Timelines for implementation of this chapter. |
|---|
| 2991 | | - | |
|---|
| 2992 | | - | (d) The advisory workgroup may consult with additional experts, as necessary, to inform their recommendations. |
|---|
| 2993 | | - | |
|---|
| 2994 | | - | 18997.55. On or before February 1, 2024, the board shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, that includes, at a minimum, recommendations of the board on all of the following:(a) A detailed plan for implementing the program and establishing and maintaining HOPE trust accounts for an eligible child or eligible youth that maximizes their participation and their autonomous wealth-building capacity.(b) The anticipated number of HOPE trust accounts to be opened and initial deposit amounts.(c) A description of the efforts to be used to solicit philanthropic or nonstate moneys to support the program.(d) Further statutory and budget allocations. |
|---|
| 2995 | | - | |
|---|
| 2996 | | - | |
|---|
| 2997 | | - | |
|---|
| 2998 | | - | 18997.55. On or before February 1, 2024, the board shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, that includes, at a minimum, recommendations of the board on all of the following: |
|---|
| 2999 | | - | |
|---|
| 3000 | | - | (a) A detailed plan for implementing the program and establishing and maintaining HOPE trust accounts for an eligible child or eligible youth that maximizes their participation and their autonomous wealth-building capacity. |
|---|
| 3001 | | - | |
|---|
| 3002 | | - | (b) The anticipated number of HOPE trust accounts to be opened and initial deposit amounts. |
|---|
| 3003 | | - | |
|---|
| 3004 | | - | (c) A description of the efforts to be used to solicit philanthropic or nonstate moneys to support the program. |
|---|
| 3005 | | - | |
|---|
| 3006 | | - | (d) Further statutory and budget allocations. |
|---|
| 3007 | | - | |
|---|
| 3008 | | - | SEC. 58. Section 106 of Chapter 73 of the Statutes of 2021 is amended to read:SECTION 106. (a) The total sum of eight hundred twenty-two million four hundred thousand dollars ($822,400,000) is hereby appropriated from the General Fund and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes:(1) (A) For the 202122 fiscal year, four hundred thirty-one million four hundred thousand dollars ($431,400,000).(B) Of the amount specified in subparagraph (A), three hundred million dollars ($300,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.(v) To assist in the development of a forum that represents communities across California impacted by the Department of Toxic Substances Controls programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of Toxic Substances Control and the Board of Environmental Safety.(vi) To implement Section 25135 of the Health and Safety Code in the 202122 fiscal year.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(2) (A) For the 202223 fiscal year, two hundred million dollars ($200,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(3) (A) For the 202324 fiscal year, one hundred ninety-one million dollars ($191,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to ninety-one million dollars ($91,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(b) (1) All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee.(2) Notwithstanding any other law, the funding appropriated in this subdivision shall be available for encumbrance for three fiscal years after the fiscal year in which the funds are released.(c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites.(e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located.(f) This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a).(g) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code.(2) Paragraph (1) shall not apply to moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a). |
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| 3009 | | - | |
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| 3010 | | - | SEC. 58. Section 106 of Chapter 73 of the Statutes of 2021 is amended to read: |
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| 3011 | | - | |
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| 3012 | | - | ### SEC. 58. |
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| 3013 | | - | |
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| 3014 | | - | SECTION 106. (a) The total sum of eight hundred twenty-two million four hundred thousand dollars ($822,400,000) is hereby appropriated from the General Fund and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes:(1) (A) For the 202122 fiscal year, four hundred thirty-one million four hundred thousand dollars ($431,400,000).(B) Of the amount specified in subparagraph (A), three hundred million dollars ($300,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.(v) To assist in the development of a forum that represents communities across California impacted by the Department of Toxic Substances Controls programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of Toxic Substances Control and the Board of Environmental Safety.(vi) To implement Section 25135 of the Health and Safety Code in the 202122 fiscal year.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(2) (A) For the 202223 fiscal year, two hundred million dollars ($200,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(3) (A) For the 202324 fiscal year, one hundred ninety-one million dollars ($191,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to ninety-one million dollars ($91,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(b) (1) All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee.(2) Notwithstanding any other law, the funding appropriated in this subdivision shall be available for encumbrance for three fiscal years after the fiscal year in which the funds are released.(c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites.(e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located.(f) This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a).(g) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code.(2) Paragraph (1) shall not apply to moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a). |
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| 3015 | | - | |
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| 3016 | | - | SECTION 106. (a) The total sum of eight hundred twenty-two million four hundred thousand dollars ($822,400,000) is hereby appropriated from the General Fund and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes:(1) (A) For the 202122 fiscal year, four hundred thirty-one million four hundred thousand dollars ($431,400,000).(B) Of the amount specified in subparagraph (A), three hundred million dollars ($300,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.(v) To assist in the development of a forum that represents communities across California impacted by the Department of Toxic Substances Controls programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of Toxic Substances Control and the Board of Environmental Safety.(vi) To implement Section 25135 of the Health and Safety Code in the 202122 fiscal year.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(2) (A) For the 202223 fiscal year, two hundred million dollars ($200,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(3) (A) For the 202324 fiscal year, one hundred ninety-one million dollars ($191,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to ninety-one million dollars ($91,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(b) (1) All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee.(2) Notwithstanding any other law, the funding appropriated in this subdivision shall be available for encumbrance for three fiscal years after the fiscal year in which the funds are released.(c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites.(e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located.(f) This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a).(g) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code.(2) Paragraph (1) shall not apply to moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a). |
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| 3017 | | - | |
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| 3018 | | - | SECTION 106. (a) The total sum of eight hundred twenty-two million four hundred thousand dollars ($822,400,000) is hereby appropriated from the General Fund and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes:(1) (A) For the 202122 fiscal year, four hundred thirty-one million four hundred thousand dollars ($431,400,000).(B) Of the amount specified in subparagraph (A), three hundred million dollars ($300,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy.(iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following:(I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material.(II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action.(III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material.(v) To assist in the development of a forum that represents communities across California impacted by the Department of Toxic Substances Controls programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of Toxic Substances Control and the Board of Environmental Safety.(vi) To implement Section 25135 of the Health and Safety Code in the 202122 fiscal year.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(2) (A) For the 202223 fiscal year, two hundred million dollars ($200,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(3) (A) For the 202324 fiscal year, one hundred ninety-one million dollars ($191,000,000).(B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following:(i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available.(ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites.(C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to ninety-one million dollars ($91,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes:(i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon.(b) (1) All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee.(2) Notwithstanding any other law, the funding appropriated in this subdivision shall be available for encumbrance for three fiscal years after the fiscal year in which the funds are released.(c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites.(e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located.(f) This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a).(g) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code.(2) Paragraph (1) shall not apply to moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a). |
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| 3019 | | - | |
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| 3020 | | - | SECTION 106. (a) The total sum of eight hundred twenty-two million four hundred thousand dollars ($822,400,000) is hereby appropriated from the General Fund and the Toxic Substances Control Account established pursuant to Section 25173.6 of the Health and Safety Code to the Department of Toxic Substances Control to be released according to the following schedule and for the following purposes: |
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| 3021 | | - | |
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| 3022 | | - | ### SECTION 106. |
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| 3023 | | - | |
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| 3024 | | - | (1) (A) For the 202122 fiscal year, four hundred thirty-one million four hundred thousand dollars ($431,400,000). |
|---|
| 3025 | | - | |
|---|
| 3026 | | - | (B) Of the amount specified in subparagraph (A), three hundred million dollars ($300,000,000) shall be allocated from the General Fund for the following: |
|---|
| 3027 | | - | |
|---|
| 3028 | | - | (i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available. |
|---|
| 3029 | | - | |
|---|
| 3030 | | - | (ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites. |
|---|
| 3031 | | - | |
|---|
| 3032 | | - | (iii) A job and development training program prioritizing local hires to promote public health and community engagement, promote equity and environmental justice, and support the local economy. |
|---|
| 3033 | | - | |
|---|
| 3034 | | - | (iv) A program to provide technical assistance grants to groups of individuals in communities impacted by a release or a potential release of a hazardous material. The goal of these grants is to provide community members with technical information to understand and contribute to response actions that comply with applicable laws. The Department of Toxic Substances Control may award the grants to pay for any of the following: |
|---|
| 3035 | | - | |
|---|
| 3036 | | - | (I) A qualified, independent entity to assist in the creation or interpretation of information on the nature of the hazard or potential hazard of a release or potential release of a hazardous material. |
|---|
| 3037 | | - | |
|---|
| 3038 | | - | (II) A qualified, independent entity to assist in the interpretation of information produced as part of a site investigation or as part of any other type of response action for a release or potential release, including the operation and maintenance of a response action. |
|---|
| 3039 | | - | |
|---|
| 3040 | | - | (III) A qualified, independent entity to conduct confirmation sampling related to a release or potential release of a hazardous material. |
|---|
| 3041 | | - | |
|---|
| 3042 | | - | (v) To assist in the development of a forum that represents communities across California impacted by the Department of Toxic Substances Controls programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of Toxic Substances Control and the Board of Environmental Safety. |
|---|
| 3043 | | - | |
|---|
| 3044 | | - | (vi) To implement Section 25135 of the Health and Safety Code in the 202122 fiscal year. |
|---|
| 3045 | | - | |
|---|
| 3046 | | - | (C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred thirty-one million four hundred thousand dollars ($131,400,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes: |
|---|
| 3047 | | - | |
|---|
| 3048 | | - | (i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon. |
|---|
| 3049 | | - | |
|---|
| 3050 | | - | (ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon. |
|---|
| 3051 | | - | |
|---|
| 3052 | | - | (2) (A) For the 202223 fiscal year, two hundred million dollars ($200,000,000). |
|---|
| 3053 | | - | |
|---|
| 3054 | | - | (B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following: |
|---|
| 3055 | | - | |
|---|
| 3056 | | - | (i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available. |
|---|
| 3057 | | - | |
|---|
| 3058 | | - | (ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites. |
|---|
| 3059 | | - | |
|---|
| 3060 | | - | (C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to one hundred million dollars ($100,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes: |
|---|
| 3061 | | - | |
|---|
| 3062 | | - | (i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon. |
|---|
| 3063 | | - | |
|---|
| 3064 | | - | (ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon. |
|---|
| 3065 | | - | |
|---|
| 3066 | | - | (3) (A) For the 202324 fiscal year, one hundred ninety-one million dollars ($191,000,000). |
|---|
| 3067 | | - | |
|---|
| 3068 | | - | (B) Of the amount specified in subparagraph (A), one hundred million dollars ($100,000,000) shall be allocated from the General Fund for the following: |
|---|
| 3069 | | - | |
|---|
| 3070 | | - | (i) The discovery, cleanup, and investigation of contaminated properties with a priority on sites that are in communities with high cumulative environmental burdens and proximity to sensitive receptors. The Department of Toxic Substances Control shall, to the extent feasible, require the use of community benefit agreements for those sites where a responsible party has been identified and is available. |
|---|
| 3071 | | - | |
|---|
| 3072 | | - | (ii) A grant program, modeled after the grant program established under Section 9604(k) of Title 42 of the United States Code, to fund response actions, as defined by Section 25323.3 of the Health and Safety Code, at brownfield sites. |
|---|
| 3073 | | - | |
|---|
| 3074 | | - | (C) Of the amount specified in subparagraph (A), the Director of Finance may transfer up to ninety-one million dollars ($91,000,000) as a loan from the General Fund to the Toxic Substances Control Account. The loaned moneys are hereby appropriated in that same amount from the account for use by the Department of Toxic Substances Control for the following purposes: |
|---|
| 3075 | | - | |
|---|
| 3076 | | - | (i) Activities related to the cleanup and investigation of properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon. |
|---|
| 3077 | | - | |
|---|
| 3078 | | - | (ii) Notwithstanding Section 25173.6 of the Health and Safety Code, job training activities related to the cleanup and investigation of the properties contaminated with lead in the communities surrounding the former Exide Technologies facility in the City of Vernon. |
|---|
| 3079 | | - | |
|---|
| 3080 | | - | (b) (1) All funds recovered from potentially responsible parties for the former Exide Technologies facility in the City of Vernon shall be used to repay the loans made pursuant to subdivision (a). If the amount of moneys received from the cost recovery efforts is insufficient to fully repay the loans made pursuant to subdivision (a), the Director of Finance may forgive any remaining balance if, at least 90 days before forgiving any balance, the Director of Finance submits a notification to the Joint Legislative Budget Committee. |
|---|
| 3081 | | - | |
|---|
| 3082 | | - | (2) Notwithstanding any other law, the funding appropriated in this subdivision shall be available for encumbrance for three fiscal years after the fiscal year in which the funds are released. |
|---|
| 3083 | | - | |
|---|
| 3084 | | - | (c) The Department of Toxic Substances Control may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. |
|---|
| 3085 | | - | |
|---|
| 3086 | | - | (d) It is the intent of the Legislature that the funds appropriated pursuant to subdivision (a) be used to decrease environmental burdens on disadvantaged communities and not create an increased obligation to the state to fund the cleanup of orphan sites. |
|---|
| 3087 | | - | |
|---|
| 3088 | | - | (e) The Board of Environmental Safety shall conduct an analysis of the expenditure of funds allocated by the Department of Toxic Substances Control for the purposes specified in subparagraph (B) of paragraph (1) of, subparagraph (B) of paragraph (2) of, and subparagraph (B) of paragraph (3) of, subdivision (a), on an annual basis until the funds have been entirely liquidated by the Department of Toxic Substances Control. This analysis shall include the subsequent uses of the sites that have undergone investigation or cleanup in order to make recommendations to the Legislature on future expenditures of state funds for cleanup. In its analysis, the board shall also evaluate the public health benefits that those investigations or cleanups have created for the communities in which the sites are located. |
|---|
| 3089 | | - | |
|---|
| 3090 | | - | (f) This section does not expand any obligation of the state to provide resources for cleanup of orphan sites beyond the funds appropriated in subdivision (a). |
|---|
| 3091 | | - | |
|---|
| 3092 | | - | (g) (1) Until July 1, 2025, an agency administering moneys appropriated under this section may authorize advance payments of those moneys in accordance with Section 11019.1 of the Government Code. |
|---|
| 3093 | | - | |
|---|
| 3094 | | - | (2) Paragraph (1) shall not apply to moneys appropriated in subparagraph (C) of paragraph (1) of subdivision (a). |
|---|
| 3095 | | - | |
|---|
| 3096 | | - | SEC. 59. The General Fund loan provided to pay for the cost of the FISCal system in the amount of thirty-seven million six hundred fifty thousand dollars ($37,650,000), pursuant to Section 38 of Chapter 751 of the Statutes of 2008 (former Section 15849.28 of the Government Code), is forgiven. |
|---|
| 3097 | | - | |
|---|
| 3098 | | - | SEC. 59. The General Fund loan provided to pay for the cost of the FISCal system in the amount of thirty-seven million six hundred fifty thousand dollars ($37,650,000), pursuant to Section 38 of Chapter 751 of the Statutes of 2008 (former Section 15849.28 of the Government Code), is forgiven. |
|---|
| 3099 | | - | |
|---|
| 3100 | | - | SEC. 59. The General Fund loan provided to pay for the cost of the FISCal system in the amount of thirty-seven million six hundred fifty thousand dollars ($37,650,000), pursuant to Section 38 of Chapter 751 of the Statutes of 2008 (former Section 15849.28 of the Government Code), is forgiven. |
|---|
| 3101 | | - | |
|---|
| 3102 | | - | ### SEC. 59. |
|---|
| 3103 | | - | |
|---|
| 3104 | | - | SEC. 60. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
|---|
| 3105 | | - | |
|---|
| 3106 | | - | SEC. 60. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
|---|
| 3107 | | - | |
|---|
| 3108 | | - | SEC. 60. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
|---|
| 3109 | | - | |
|---|
| 3110 | | - | ### SEC. 60. |
|---|
| 3111 | | - | |
|---|
| 3112 | | - | SEC. 61. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 3113 | | - | |
|---|
| 3114 | | - | SEC. 61. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 3115 | | - | |
|---|
| 3116 | | - | SEC. 61. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
|---|
| 3117 | | - | |
|---|
| 3118 | | - | ### SEC. 61. |
|---|
| 3119 | | - | |
|---|
| 3120 | | - | SEC. 62. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. |
|---|
| 3121 | | - | |
|---|
| 3122 | | - | SEC. 62. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. |
|---|
| 3123 | | - | |
|---|
| 3124 | | - | SEC. 62. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. |
|---|
| 3125 | | - | |
|---|
| 3126 | | - | ### SEC. 62. |
|---|
| 3127 | | - | |
|---|
| 3128 | | - | |
|---|
| 3129 | | - | |
|---|
| 3130 | | - | It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022. |
|---|
| 307 | + | |
|---|
| 308 | + | |
|---|
| 309 | + | |
|---|
| 310 | + | |
|---|
| 311 | + | |
|---|
| 312 | + | |
|---|
| 313 | + | The board shall administer the Solar Energy System Restitution Program upon appropriation of one-time resources by the Legislature for the purpose of providing restitution to consumers pursuant to this article. |
|---|
| 314 | + | |
|---|
| 315 | + | |
|---|
| 316 | + | |
|---|
| 317 | + | |
|---|
| 318 | + | |
|---|
| 319 | + | For purposes of this article, the following definitions apply: |
|---|
| 320 | + | |
|---|
| 321 | + | |
|---|
| 322 | + | |
|---|
| 323 | + | (a)Program means the Solar Energy System Restitution Program established pursuant to this article. |
|---|
| 324 | + | |
|---|
| 325 | + | |
|---|
| 326 | + | |
|---|
| 327 | + | (b)Consumer means any of the following: |
|---|
| 328 | + | |
|---|
| 329 | + | |
|---|
| 330 | + | |
|---|
| 331 | + | (1)A natural person who owns a single-family residence in this state and who contracted with a licensed or unlicensed contractor on or after January 1, 2016, for the installation of a solar energy system on that residence. |
|---|
| 332 | + | |
|---|
| 333 | + | |
|---|
| 334 | + | |
|---|
| 335 | + | (2)A tenant or leaseholder of a single-family residence in this state owned by a natural person who contracted with a licensed or unlicensed contractor on or after January 1, 2016, for the installation of a solar energy system on the owners residence. |
|---|
| 336 | + | |
|---|
| 337 | + | |
|---|
| 338 | + | |
|---|
| 339 | + | (3)A natural person who purchases a single-family residence from a prior owner of the residence who contracted with a licensed or unlicensed contractor on or after January 1, 2016, for the installation of the solar energy system. |
|---|
| 340 | + | |
|---|
| 341 | + | |
|---|
| 342 | + | |
|---|
| 343 | + | (c)Solar energy system has the same meaning as that term is defined in subdivision (g) of Section 7169. |
|---|
| 344 | + | |
|---|
| 345 | + | |
|---|
| 346 | + | |
|---|
| 347 | + | (d)Financial loss or injury means an economic loss or expense suffered by a consumer resulting from fraud, misrepresentation, or another unlawful act committed by a residential solar energy system contractor that has not been and will not be fully reimbursed from any other source. |
|---|
| 348 | + | |
|---|
| 349 | + | |
|---|
| 350 | + | |
|---|
| 351 | + | |
|---|
| 352 | + | |
|---|
| 353 | + | (a)This article governs the administration of the program and operates independently of, and does not affect or relate to the licensing, regulation, and discipline of, contractors. |
|---|
| 354 | + | |
|---|
| 355 | + | |
|---|
| 356 | + | |
|---|
| 357 | + | (b)This article does not limit the authority of the registrar to take disciplinary action against a contractor. |
|---|
| 358 | + | |
|---|
| 359 | + | |
|---|
| 360 | + | |
|---|
| 361 | + | |
|---|
| 362 | + | |
|---|
| 363 | + | The registrar or their designee shall only award moneys appropriated to the program to consumers who are eligible claimants pursuant to this article. |
|---|
| 364 | + | |
|---|
| 365 | + | |
|---|
| 366 | + | |
|---|
| 367 | + | |
|---|
| 368 | + | |
|---|
| 369 | + | Except as provided in Section 7086.5, a consumer is an eligible claimant only if they meet one of the following criteria: |
|---|
| 370 | + | |
|---|
| 371 | + | |
|---|
| 372 | + | |
|---|
| 373 | + | (a)The consumer has filed a complaint against a licensed contractor investigated pursuant to Article 7 (commencing with Section 7090), that resulted in one or more of the following: |
|---|
| 374 | + | |
|---|
| 375 | + | |
|---|
| 376 | + | |
|---|
| 377 | + | (1)Issuance of an administrative citation that includes a payment of a specified sum to an injured party as prescribed by Section 7099 and that is not under appeal. |
|---|
| 378 | + | |
|---|
| 379 | + | |
|---|
| 380 | + | |
|---|
| 381 | + | (2)Filing of accusation to suspend or revoke the license. |
|---|
| 382 | + | |
|---|
| 383 | + | |
|---|
| 384 | + | |
|---|
| 385 | + | (3)Determination by the registrar or their designee that a probable violation of this chapter has occurred that if proven, would present a risk of harm to the public and would be appropriate for suspension, revocation, or criminal prosecution. |
|---|
| 386 | + | |
|---|
| 387 | + | |
|---|
| 388 | + | |
|---|
| 389 | + | (b)The consumer has obtained a judgment in any civil court of competent jurisdiction for recovery of damages against a licensed or unlicensed contractor, proceedings in connection with the judgment have terminated, including appeals, and the consumer has not received the specified sum or restitution amount as of the date they claim eligibility. |
|---|
| 390 | + | |
|---|
| 391 | + | |
|---|
| 392 | + | |
|---|
| 393 | + | (c)The consumer is the identified victim of a licensed or unlicensed contractor in a criminal case before a California superior court, with an established financial injury or restitution order, proceedings in connection with the judgment have terminated, including appeals, and the consumer has not received the specified sum or restitution amount as of the date they claim eligibility. |
|---|
| 394 | + | |
|---|
| 395 | + | |
|---|
| 396 | + | |
|---|
| 397 | + | |
|---|
| 398 | + | |
|---|
| 399 | + | (a)If any consumer alleges financial harm because of the contract for the installation of a solar energy system on their residence, but the boards authority to discipline the contractor has lapsed due to a limitations period specified in Section 7091, then the registrar or their designee may consider whether the consumer who is unable to claim eligibility under Section 7086.4 is nonetheless eligible to receive restitution pursuant to the program. In all those cases, the following apply: |
|---|
| 400 | + | |
|---|
| 401 | + | |
|---|
| 402 | + | |
|---|
| 403 | + | (1)The registrar or their designee may elect to refer the consumer to arbitration process prescribed in Section 7085.5 for the arbitrator to render an award pursuant to the program. |
|---|
| 404 | + | |
|---|
| 405 | + | |
|---|
| 406 | + | |
|---|
| 407 | + | (2)The arbitration shall commence for the sole purpose of determining whether a financial loss occurred, and whether an amount may justifiably be paid to the consumer pursuant to the program. Discipline of the contractor shall not be at issue in any case referred to arbitration under this subdivision and the contractor need not to appear. Any payment amount for the attending consumer shall not be based solely on the fact that the contractor has failed to appear at the arbitration hearing. |
|---|
| 408 | + | |
|---|
| 409 | + | |
|---|
| 410 | + | |
|---|
| 411 | + | (3)The arbitrator has the sole discretion to request the documentation or testimony from the consumer necessary to support payment pursuant to the program, as well as sole discretion to determine whether an award shall be issued pursuant to the program based on the information provided. |
|---|
| 412 | + | |
|---|
| 413 | + | |
|---|
| 414 | + | |
|---|
| 415 | + | (4)The registrar or their designee, or any arbitrator, is not liable to any party for any act or omission in connection with any arbitration conducted under this section. |
|---|
| 416 | + | |
|---|
| 417 | + | |
|---|
| 418 | + | |
|---|
| 419 | + | (5)The arbitrator shall render an award no later than 30 calendar days from the date of closing the hearing, closing a reopened hearing, or if oral hearing has been waived, from the date of transmitting the final statements and proofs to the arbitrator. |
|---|
| 420 | + | |
|---|
| 421 | + | |
|---|
| 422 | + | |
|---|
| 423 | + | (6)A determination on payment to an eligible claimant shall consider all matters relevant to the consumer seeking restitution, including the financial condition of the moneys appropriated to the program, the amount of money being sought, whether the claim appears to be supported by the documentation, whether the claimant has received full or partial payment of their loss from another source, and if there is more than one claimant, the equitable division of available money appropriated to the program among the claimants. |
|---|
| 424 | + | |
|---|
| 425 | + | |
|---|
| 426 | + | |
|---|
| 427 | + | (7)A determination or decision regarding claimant eligibility and payment pursuant to the program and all related issues under this subdivision are final and are not subject to judicial review. |
|---|
| 428 | + | |
|---|
| 429 | + | |
|---|
| 430 | + | |
|---|
| 431 | + | (b)The registrar or their designee may refer a consumer to the arbitration process described in Section 7085.5 for resolution of any claim by a consumer that does not explicitly meet the criteria in subdivision (a) of Section 7086.4. |
|---|
| 432 | + | |
|---|
| 433 | + | |
|---|
| 434 | + | |
|---|
| 435 | + | |
|---|
| 436 | + | |
|---|
| 437 | + | (a)A consumer may claim eligibility for payment pursuant to the program by filing a form with the registrar entitled Solar Energy System Restitution Program Claim that shall be provided by the board. A consumer seeking restitution shall include, without limitation: |
|---|
| 438 | + | |
|---|
| 439 | + | |
|---|
| 440 | + | |
|---|
| 441 | + | (1)The name, address, and telephone number of the consumer and which criteria under Section 7086.4 or 7086.5 the consumer claims eligibility. |
|---|
| 442 | + | |
|---|
| 443 | + | |
|---|
| 444 | + | |
|---|
| 445 | + | (2)The name, address, license number, and telephone number, if known, of the contractor who installed the solar energy system. |
|---|
| 446 | + | |
|---|
| 447 | + | |
|---|
| 448 | + | |
|---|
| 449 | + | (3)A description of the facts concerning the loss caused by the contractor, the nature and extent of the claimed loss, and the date on which, or the period during which, the alleged loss occurred. |
|---|
| 450 | + | |
|---|
| 451 | + | |
|---|
| 452 | + | |
|---|
| 453 | + | (4)A copy of the contract, and any or all other relevant documentation specified in Section 7086.7, as applicable, supporting the grounds under which the consumer claims eligibility. |
|---|
| 454 | + | |
|---|
| 455 | + | |
|---|
| 456 | + | |
|---|
| 457 | + | (5)A statement confirming whether the consumer has previously recovered a portion of their loss from sources other than an award pursuant to the program, and if so, in what amount, from what source, and the date that recovery occurred. |
|---|
| 458 | + | |
|---|
| 459 | + | |
|---|
| 460 | + | |
|---|
| 461 | + | (b)The registrar or their designee may request from the consumer any additional information or documentation not specified in this section that the registrar or their designee deems necessary to determine eligibility. |
|---|
| 462 | + | |
|---|
| 463 | + | |
|---|
| 464 | + | |
|---|
| 465 | + | (c)A claim that appears to include false or altered information shall be automatically denied and shall not be considered for restitution pursuant to the program. The denial of the claim shall be the exclusive remedy for filing false information. |
|---|
| 466 | + | |
|---|
| 467 | + | |
|---|
| 468 | + | |
|---|
| 469 | + | (d)Any information or documentation distributed by the board about the program shall include a notice that restitution payments are only available as long as there are appropriated moneys available for payment. |
|---|
| 470 | + | |
|---|
| 471 | + | |
|---|
| 472 | + | |
|---|
| 473 | + | |
|---|
| 474 | + | |
|---|
| 475 | + | (a)For all claimants deemed eligible pursuant to subdivision (a) of Section 7086.4, a document stamped with the seal of the Contractors State License Board reflecting the complaint number, name of the contractor, name of the special investigator, date of the contract, violation or violations alleged, the specified sum to an injured party amount, the consumers name, and any other information the registrar deems relevant to include shall be sufficient documentation upon which to make payment to the consumer pursuant to the program. |
|---|
| 476 | + | |
|---|
| 477 | + | |
|---|
| 478 | + | |
|---|
| 479 | + | (b)For all claimants deemed eligible pursuant to subdivision (b) of Section 7086.4, a certified copy of the civil court judgment with the dollar amount of damages shall be sufficient documentation upon which to make payment to the consumer pursuant to the program. |
|---|
| 480 | + | |
|---|
| 481 | + | |
|---|
| 482 | + | |
|---|
| 483 | + | (c)For all claimants deemed eligible pursuant to subdivision (c) of Section 7086.4, a certified minute order or other document of the court of relevant jurisdiction that includes the certified copy of an order of financial injury or restitution amount shall be sufficient documentation upon which to make payment to the consumer pursuant to the program. |
|---|
| 484 | + | |
|---|
| 485 | + | |
|---|
| 486 | + | |
|---|
| 487 | + | (d)For all claimants deemed eligible pursuant to paragraph (1) of subdivision (a) of Section 7086.5, the award of the arbitrator, stamped with the seal of the Contractors State License Board reflecting the complaint number, name of the contractor, name of the arbitrator, date of the contract, violations alleged, the specified sum to an injured party amount, the consumers name, and any other information the registrar deems relevant to include shall be sufficient documentation upon which to make payment to the consumer pursuant to the program. |
|---|
| 488 | + | |
|---|
| 489 | + | |
|---|
| 490 | + | |
|---|
| 491 | + | |
|---|
| 492 | + | |
|---|
| 493 | + | (a)If the registrar or their designee determines that a consumer is eligible for restitution pursuant to this article, the amount paid to a consumer shall not exceed forty thousand dollars ($40,000). |
|---|
| 494 | + | |
|---|
| 495 | + | |
|---|
| 496 | + | |
|---|
| 497 | + | (b)If the registrar or their designee has determined that the injured person has recovered a portion of their loss from sources other than the program at the time they claim eligibility, the board shall deduct the amount recovered from the other sources from the amount payable upon the consumers claim and direct the difference to be paid. |
|---|
| 498 | + | |
|---|
| 499 | + | |
|---|
| 500 | + | |
|---|
| 501 | + | (c)Subject to appropriation by the Legislature, the board may expend up to one million dollars ($1,000,000) from the moneys appropriated to the program to employ or contract with persons as necessary for the performance of the duties required to administer this article. |
|---|
| 502 | + | |
|---|
| 503 | + | |
|---|
| 504 | + | |
|---|
| 505 | + | |
|---|
| 506 | + | |
|---|
| 507 | + | (a)The registrar or their designee shall not approve a claim seeking payment pursuant to the program until at least 90 days after the date of the action described in Section 7086.4 or 7086.5 on which the consumer bases their claim of eligibility. |
|---|
| 508 | + | |
|---|
| 509 | + | |
|---|
| 510 | + | |
|---|
| 511 | + | (b)If the registrar or their designee approves payment pursuant to the program to an eligible claimant, the board will forward a copy of the approval of the eligible claim to the accounting office of the Department of Consumer Affairs. |
|---|
| 512 | + | |
|---|
| 513 | + | |
|---|
| 514 | + | |
|---|
| 515 | + | (c)The accounting office shall not commence procedures for the disbursement of money pursuant to an approval of payment from the board until 90 days after the date on which the registrar or their designee approved the eligible claim. |
|---|
| 516 | + | |
|---|
| 517 | + | |
|---|
| 518 | + | |
|---|
| 519 | + | (d)The accounting office shall, on or before February 1 of each year, prepare and submit to the board a statement of the condition of the moneys appropriated to the program that is prepared in accordance with generally accepted accounting principles. |
|---|
| 520 | + | |
|---|
| 521 | + | |
|---|
| 522 | + | |
|---|
| 523 | + | |
|---|
| 524 | + | |
|---|
| 525 | + | (a)For any licensee whose actions have caused the payment of an award to a consumer pursuant to the program, the board shall display a notice on the public license detail on the boards internet website stating that the licensee was the subject of a payment pursuant to the program. |
|---|
| 526 | + | |
|---|
| 527 | + | |
|---|
| 528 | + | |
|---|
| 529 | + | (b)The notice specified in subdivision (a) shall remain on the boards internet website until seven years after the date of the payment. |
|---|
| 530 | + | |
|---|
| 531 | + | |
|---|
| 532 | + | |
|---|
| 533 | + | (c)This section shall operate independently of, and is not subject to, Section 7124.6. |
|---|
| 534 | + | |
|---|
| 535 | + | |
|---|
| 536 | + | |
|---|
| 537 | + | |
|---|
| 538 | + | |
|---|
| 539 | + | This article shall remain in effect until June 30, 2024, and as of that date is repealed. |
|---|
| 540 | + | |
|---|
| 541 | + | |
|---|
| 542 | + | |
|---|
| 543 | + | |
|---|
| 544 | + | |
|---|
| 545 | + | |
|---|
| 546 | + | |
|---|
| 547 | + | (a)(1)Notwithstanding Sections 19841, 19951, 19952, and 19954, and any accompanying regulations designating annual fees, the department shall not collect, and a licensee shall not be required to pay, any annual fees ordinarily due from a state gambling licensee between January 31, 2020, to July 31, 2021, inclusive. This fee waiver does not apply to extensions or installment agreement due dates that are otherwise due and payable during that time period. |
|---|
| 548 | + | |
|---|
| 549 | + | |
|---|
| 550 | + | |
|---|
| 551 | + | (2)The department shall refund any annual fees already paid for a state gambling license that were due on or after January 31, 2020, and the effective date of this section. |
|---|
| 552 | + | |
|---|
| 553 | + | |
|---|
| 554 | + | |
|---|
| 555 | + | (b)(1)Notwithstanding Sections 19841 and 19984, and any accompanying regulations designating annual fees, the department shall not collect, and a licensee shall not be required to pay, any annual fees ordinarily due from a third-party provider of proposition player services between September 1, 2020, to August 31, 2022, inclusive. This fee waiver does not apply to extensions or installment agreement due dates that altered the original due date of an annual fee. |
|---|
| 556 | + | |
|---|
| 557 | + | |
|---|
| 558 | + | |
|---|
| 559 | + | (2)The department shall refund any annual license fees already paid by a third-party provider of proposition player services that were due between September 1, 2020, and the effective date of this section. |
|---|
| 560 | + | |
|---|
| 561 | + | |
|---|
| 562 | + | |
|---|
| 563 | + | (c)(1)Notwithstanding Sections 19841, 19867, 19868, 19876, 19877, 19912, and 19984, and any accompanying regulations designating a renewal application fee or a deposit associated with a renewal application, the department shall not collect, and the licensee or commission-issued work permittee shall not be required to pay, any renewal application fees or background deposits associated with a renewal application ordinarily due between March 1, 2020, to April 30, 2022, inclusive. This fee and deposit waiver does not apply to extensions that are otherwise due and payable during that time period. |
|---|
| 564 | + | |
|---|
| 565 | + | |
|---|
| 566 | + | |
|---|
| 567 | + | (2)The department shall refund any renewal application fees or deposits associated with a renewal application already paid by a licensee or commission-issued work permittee that were due between March 1, 2020, and the effective date of this section. |
|---|
| 568 | + | |
|---|
| 569 | + | |
|---|
| 570 | + | |
|---|
| 571 | + | (d)For the purposes of this section, in order to avoid delays in implementing the waiver of all annual fees, application fees, and deposits, the Legislature finds and declares that it is necessary to provide the commission with a limited exemption from the regular and emergency rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). |
|---|
| 572 | + | |
|---|
| 573 | + | |
|---|
| 574 | + | |
|---|
| 575 | + | (e)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed. |
|---|
| 576 | + | |
|---|
| 577 | + | |
|---|
| 578 | + | |
|---|
| 579 | + | |
|---|
| 580 | + | |
|---|
| 581 | + | |
|---|
| 582 | + | |
|---|
| 583 | + | (a)There is hereby established in the State Treasury the Financial Empowerment Fund. Notwithstanding Section 13340 of the Government Code, moneys in the fund are hereby continuously appropriated without regard to fiscal years to the Commissioner of the Department of Financial Protection and Innovation for purposes of the act. |
|---|
| 584 | + | |
|---|
| 585 | + | |
|---|
| 586 | + | |
|---|
| 587 | + | (b)Notwithstanding Section 13340 of the Government Code, the Controller shall, on July 1, 2020, transfer from the State Corporations Fund to the Financial Empowerment Fund the sum of four million dollars ($4,000,000) plus an amount estimated by the department to be the reasonable costs to administer the division. |
|---|
| 588 | + | |
|---|
| 589 | + | |
|---|
| 590 | + | |
|---|
| 591 | + | (c)The Commissioner of the Department of Financial Protection and Innovation shall use moneys in the Financial Empowerment Fund for allocation to fund financial education and financial empowerment programs and services for at-risk populations in California, as described in Section 24001. The commissioner may additionally use moneys in the Financial Empowerment Fund to cover its costs to administer this act. |
|---|
| 592 | + | |
|---|
| 593 | + | |
|---|
| 594 | + | |
|---|
| 595 | + | |
|---|
| 596 | + | |
|---|
| 597 | + | |
|---|
| 598 | + | |
|---|
| 599 | + | (a)The Commissioner of the Department of Financial Protection and Innovation shall administer an application process for grants of up to two hundred thousand dollars ($200,000) per applicant from the Financial Empowerment Fund or shall contract with an independent third party to do so on the departments behalf. The commissioner, or the independent third party designated by the commissioner, may award up to two million dollars ($2,000,000) in grant moneys per fiscal year. To be eligible for selection by the department to administer the grant program, an independent third party shall cap its administrative fees at no more than 15 percent of the grant moneys it administers on the departments behalf. |
|---|
| 600 | + | |
|---|
| 601 | + | |
|---|
| 602 | + | |
|---|
| 603 | + | (b)An applicant shall apply to the commissioner or to an independent third party designated by the commissioner for a grant in a form and manner prescribed by the commissioner or the independent third party. To be eligible for a grant, an applicant shall meet both of the following criteria: |
|---|
| 604 | + | |
|---|
| 605 | + | |
|---|
| 606 | + | |
|---|
| 607 | + | (1)The organization is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and is organized and operated exclusively for one or more of the purposes described in Section 501(c)(3) of the Internal Revenue Code. |
|---|
| 608 | + | |
|---|
| 609 | + | |
|---|
| 610 | + | |
|---|
| 611 | + | (2)No part of the net earnings of the organization shall inure to the benefit of a private shareholder or individual. |
|---|
| 612 | + | |
|---|
| 613 | + | |
|---|
| 614 | + | |
|---|
| 615 | + | (c)A grantee shall only use grant moneys for the following financial education and financial empowerment programs and services for at-risk populations: |
|---|
| 616 | + | |
|---|
| 617 | + | |
|---|
| 618 | + | |
|---|
| 619 | + | (1)Designing, developing, or offering, free of charge to consumers, classroom- or web-based financial education and empowerment content intended to help unbanked and underbanked consumers achieve, identify, and access lower cost financial products and services, establish or improve their credit, increase their savings, or lower their debt. |
|---|
| 620 | + | |
|---|
| 621 | + | |
|---|
| 622 | + | |
|---|
| 623 | + | (2)Providing individualized, free financial coaching to unbanked and underbanked consumers. |
|---|
| 624 | + | |
|---|
| 625 | + | |
|---|
| 626 | + | |
|---|
| 627 | + | (3)Designing, developing, or offering, free of charge to consumers, a financial product or service intended to help unbanked and underbanked consumers identify and access responsible financial products and financial services, establish or improve their credit, increase their savings, or lower their debt. |
|---|
| 628 | + | |
|---|
| 629 | + | |
|---|
| 630 | + | |
|---|
| 631 | + | (d)A grantee shall use no more than 15 percent of its grant to cover its administrative costs. Failure to comply with this requirement shall render the organization ineligible for grant funding during the subsequent fiscal year. |
|---|
| 632 | + | |
|---|
| 633 | + | |
|---|
| 634 | + | |
|---|
| 635 | + | (e)Every project funded with a grant from the Financial Empowerment Fund shall meet all of the following criteria: |
|---|
| 636 | + | |
|---|
| 637 | + | |
|---|
| 638 | + | |
|---|
| 639 | + | (1)Promote and enhance the economic security of consumers. |
|---|
| 640 | + | |
|---|
| 641 | + | |
|---|
| 642 | + | |
|---|
| 643 | + | (2)Adhere to the five principles of effective financial education described in the June 2017 report, Effective financial education: Five principles and how to use them, issued by the federal Consumer Financial Protection Bureau. |
|---|
| 644 | + | |
|---|
| 645 | + | |
|---|
| 646 | + | |
|---|
| 647 | + | (3)Include one or more specific outcome targets. |
|---|
| 648 | + | |
|---|
| 649 | + | |
|---|
| 650 | + | |
|---|
| 651 | + | (4)Include an evaluation component designed to measure and document the extent to which the project achieves its intended outcomes and increases consumers financial well-being. |
|---|
| 652 | + | |
|---|
| 653 | + | |
|---|
| 654 | + | |
|---|
| 655 | + | (f)Each grantee shall submit a report, in a form and by a date acceptable to the Commissioner of the Department of Financial Protection and Innovation documenting the specific uses to which grant funds were allocated, documenting the number of individuals aided through use of the funds, providing quantitative results regarding the impact of grant funding, and including any other information requested by the commissioner. Failure to submit a report shall render the organization ineligible for grant funding during the subsequent fiscal year. |
|---|
| 656 | + | |
|---|
| 657 | + | |
|---|
| 658 | + | |
|---|
| 659 | + | (g)On or before December 31, 2021, and at least once annually thereafter, the department shall post on its internet website a summary of the information received from grantees pursuant to subdivision (f). |
|---|
| 660 | + | |
|---|
| 661 | + | |
|---|
| 662 | + | |
|---|
| 663 | + | |
|---|
| 664 | + | |
|---|
| 665 | + | |
|---|
| 666 | + | |
|---|
| 667 | + | (a)This division shall remain in effect only until January 1, 2030, and as of that date is repealed. |
|---|
| 668 | + | |
|---|
| 669 | + | |
|---|
| 670 | + | |
|---|
| 671 | + | (b)Upon the repeal of this division, the Controller shall transfer any moneys remaining in the Financial Empowerment Fund to the Financial Protection Fund. |
|---|
| 672 | + | |
|---|
| 673 | + | |
|---|
| 674 | + | |
|---|
| 675 | + | |
|---|
| 676 | + | |
|---|
| 677 | + | |
|---|
| 678 | + | |
|---|
| 679 | + | An applicant shall apply for a license by submitting all of the following to the commissioner: |
|---|
| 680 | + | |
|---|
| 681 | + | |
|---|
| 682 | + | |
|---|
| 683 | + | (a)A completed application for a license in a form prescribed by the commissioner and signed under penalty of perjury. An application shall include the location of the applicants principal place of business and all branch office locations. |
|---|
| 684 | + | |
|---|
| 685 | + | |
|---|
| 686 | + | |
|---|
| 687 | + | (b)(1)An application fee, of three hundred fifty dollars ($350), and an investigation fee, the amount of which shall be determined by the department, to cover any costs incurred in processing an application, including a fingerprint processing and criminal history record check under Section 100009. The investigation fee, including the amount for the criminal history record check, and the application fee are not refundable if an application is denied or withdrawn. |
|---|
| 688 | + | |
|---|
| 689 | + | |
|---|
| 690 | + | |
|---|
| 691 | + | (2)The fees assessed pursuant to this subdivision shall be billed and collected by the commissioner at the time of initial application. |
|---|
| 692 | + | |
|---|
| 693 | + | |
|---|
| 694 | + | |
|---|
| 695 | + | (c)A sample of the initial letter required pursuant to Section 1692g of Title 15 of the United States Code that the licensee will use in correspondence with California consumers. |
|---|
| 696 | + | |
|---|
| 697 | + | |
|---|
| 698 | + | |
|---|
| 699 | + | |
|---|
| 700 | + | |
|---|
| 701 | + | |
|---|
| 702 | + | |
|---|
| 703 | + | (a)Sections 6103 and 27383 do not apply to any fee or charge for recording full releases executed or recorded pursuant to Section 7174 of the Government Code, Sections 4608 and 5003.7 of the Public Resources Code, and Sections 2194, 11496, 12494, and 32362 of the Revenue and Taxation Code, where there is full satisfaction of the amount due under the lien that is released. |
|---|
| 704 | + | |
|---|
| 705 | + | |
|---|
| 706 | + | |
|---|
| 707 | + | (b)The fee for recording full releases listed in subdivision (a) shall be the amount prescribed in subdivision (a) of Section 27361.3. |
|---|
| 708 | + | |
|---|
| 709 | + | |
|---|
| 710 | + | |
|---|
| 711 | + | (c)In the case of full releases recorded by the state taxing agency pursuant to Section 7174 of the Government Code, the recording agency shall be billed quarterly or, at the option of the agency, at more frequent intervals. All billing shall refer to the agency certificate number of the recorded releases. |
|---|
| 712 | + | |
|---|
| 713 | + | |
|---|
| 714 | + | |
|---|
| 715 | + | (d)The fee for recording full releases for any document relating to an agreement to reimburse a county for public aid granted by the county shall be the amount prescribed in subdivision (a) of Section 27361.3. |
|---|
| 716 | + | |
|---|
| 717 | + | |
|---|
| 718 | + | |
|---|
| 719 | + | (e)The fee for filing any release of judgment that was in favor of a government agency and recorded pursuant to Section 6103 or 27383 shall be the amount prescribed in subdivision (a) of Section 27361.3. |
|---|
| 720 | + | |
|---|
| 721 | + | |
|---|
| 722 | + | |
|---|
| 723 | + | (f)Sections 6103 and 27383 do not apply to any fee or charge for recording a notice of state tax lien under subdivision (d) of Section 7171 or a certificate of release under subdivision (h) of Section 7174. |
|---|
| 724 | + | |
|---|
| 725 | + | |
|---|
| 726 | + | |
|---|
| 727 | + | (g)The fee for recording a notice of state tax lien pursuant to subdivision (d) of Section 7171 and a certificate of release under subdivision (h) of Section 7174 shall be as permitted by Sections 27361, 27361.2, 27361.4, and 27361.8. |
|---|
| 728 | + | |
|---|
| 729 | + | |
|---|
| 730 | + | |
|---|
| 731 | + | (h)In the case of recording a notice of state tax lien pursuant to subdivision (f) or a certificate of release pursuant to subdivision (f), the recording agency shall be billed quarterly or at the option of the agency at more frequent intervals. All billing shall refer to the agency notice or certificate number. |
|---|
| 732 | + | |
|---|
| 733 | + | |
|---|
| 734 | + | |
|---|
| 735 | + | |
|---|
| 736 | + | |
|---|
| 737 | + | |
|---|
| 738 | + | |
|---|
| 739 | + | (a)If, beginning with the 202021 fiscal year or any fiscal year thereafter, the proceeds of taxes of a city, county, or city and county exceed its appropriations limit determined pursuant to Section 7902 for that fiscal year, the governing body of the city, county, or city and county shall calculate the following amounts: |
|---|
| 740 | + | |
|---|
| 741 | + | |
|---|
| 742 | + | |
|---|
| 743 | + | (1)The appropriations limit of the city, county, or city and county determined pursuant to Section 7902. |
|---|
| 744 | + | |
|---|
| 745 | + | |
|---|
| 746 | + | |
|---|
| 747 | + | (2)The total amount of proceeds of taxes of the city, county, or city and county. |
|---|
| 748 | + | |
|---|
| 749 | + | |
|---|
| 750 | + | |
|---|
| 751 | + | (3)The amount of proceeds of taxes of the city, county, or city and county attributable to funding received by the city, county, or city and county from the Local Revenue Fund, established pursuant to Section 17600 of the Welfare and Institutions Code, and the Local Revenue Fund 2011, established pursuant to Section 30025 of the Government Code. |
|---|
| 752 | + | |
|---|
| 753 | + | |
|---|
| 754 | + | |
|---|
| 755 | + | (4)The total amount of proceeds of taxes of the city, county, or city and county calculated pursuant to paragraph (2), less the amount calculated pursuant to paragraph (3). |
|---|
| 756 | + | |
|---|
| 757 | + | |
|---|
| 758 | + | |
|---|
| 759 | + | (5)The amount equal to the appropriations limit of the city, county, or city and county calculated pursuant to paragraph (1), less the amount calculated pursuant to paragraph (4). |
|---|
| 760 | + | |
|---|
| 761 | + | |
|---|
| 762 | + | |
|---|
| 763 | + | (6)If the calculation in paragraph (5) results in a positive value, the amount calculated pursuant to paragraph (3) less the positive value calculated pursuant to paragraph (5). |
|---|
| 764 | + | |
|---|
| 765 | + | |
|---|
| 766 | + | |
|---|
| 767 | + | (b)If the amount determined pursuant to paragraph (6) of subdivision (a) results in a positive value, the governing body of the city, county, or city and county may increase its appropriations limit for the applicable fiscal year by that amount. |
|---|
| 768 | + | |
|---|
| 769 | + | |
|---|
| 770 | + | |
|---|
| 771 | + | (c)To the extent that the amount determined pursuant to paragraph (4) of subdivision (a) is equal to or exceeds the amount determined pursuant to paragraph (1) of subdivision (a), the governing body of the city, county, or city and county may increase its appropriations limit for the applicable fiscal year by the amount determined pursuant to paragraph (3) of subdivision (a). |
|---|
| 772 | + | |
|---|
| 773 | + | |
|---|
| 774 | + | |
|---|
| 775 | + | (d)In the event that the governing body of a city, county, or city and county increases its appropriations limit pursuant to subdivision (b) or (c) of this section, it shall notify the Director of Finance of the change within 45 days. |
|---|
| 776 | + | |
|---|
| 777 | + | |
|---|
| 778 | + | |
|---|
| 779 | + | (e)Commencing with the 202021 fiscal year, and each fiscal year thereafter, the appropriations limit of the state shall be reduced by the total amount reported pursuant to subdivision (d) by each city, county, or city and county in the fiscal year in which the change is made. |
|---|
| 780 | + | |
|---|
| 781 | + | |
|---|
| 782 | + | |
|---|
| 783 | + | |
|---|
| 784 | + | |
|---|
| 785 | + | |
|---|
| 786 | + | |
|---|
| 787 | + | (a)The State Department of Social Services, in consultation with the Commission on Asian and Pacific Islander American Affairs, shall administer a grant program that provides support and services to victims and survivors of hate crimes and their families and facilitates hate crime prevention measures. In developing the grant program criteria, the department shall consult with the Commission on Asian Pacific Islander American Affairs and may consult with other state departments as necessary. |
|---|
| 788 | + | |
|---|
| 789 | + | |
|---|
| 790 | + | |
|---|
| 791 | + | (b)The department, in consultation with the Commission on the Asian Pacific Islander American Affairs, shall develop a process to award grants to qualified grantees to be used to provide either or both of the following: |
|---|
| 792 | + | |
|---|
| 793 | + | |
|---|
| 794 | + | |
|---|
| 795 | + | (1)Community-based supports and services to victims and survivors of hate crimes, and their families, which may include health care services, mental health services, and legal services. |
|---|
| 796 | + | |
|---|
| 797 | + | |
|---|
| 798 | + | |
|---|
| 799 | + | (2)Hate crime prevention measures, which may include community engagement and education, community conflict resolution, in-language outreach, services to escort community members in public, community healing, and community diversity training. |
|---|
| 800 | + | |
|---|
| 801 | + | |
|---|
| 802 | + | |
|---|
| 803 | + | (c)(1)Qualified grantees shall include nonprofit entities that meet the requirements set forth in either paragraph (3) or paragraph (5) of subdivision (c) of Section 501 of the Internal Revenue Code. An entity may partner with another entity to meet the requirements of this paragraph. |
|---|
| 804 | + | |
|---|
| 805 | + | |
|---|
| 806 | + | |
|---|
| 807 | + | (2)Qualified grantees shall have experience providing supports and services to victims and survivors of hate crimes and hate crime prevention measures in a language competent and culturally competent manner or funding organizations that provide such services. A qualified grantee that is awarded funds pursuant to this section shall comply with tracking and reporting procedures to be determined by the department. |
|---|
| 808 | + | |
|---|
| 809 | + | |
|---|
| 810 | + | |
|---|
| 811 | + | (d)The department may use up to five percent of the funds appropriated for department administrative costs. Any funds in excess of five percent may be authorized pursuant to this section not sooner than 30 days after notification in writing of the necessity therefor is provided to the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time after that notification the Chairperson of the Joint Legislative Budget Committee, or the Chairpersons designee, may in each instance determine. |
|---|
| 812 | + | |
|---|
| 813 | + | |
|---|
| 814 | + | |
|---|
| 815 | + | (e)The department may enter into a contract with an independent evaluation and research agency to evaluate the impacts of the program. |
|---|
| 816 | + | |
|---|
| 817 | + | |
|---|
| 818 | + | |
|---|
| 819 | + | (f)Notwithstanding any other law, contracts issued pursuant to this section shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5, and from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services. |
|---|
| 820 | + | |
|---|
| 821 | + | |
|---|
| 822 | + | |
|---|
| 823 | + | (g)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3), the State Department of Social Services may implement and administer this provision without adopting regulations. |
|---|
| 824 | + | |
|---|
| 825 | + | |
|---|
| 826 | + | |
|---|
| 827 | + | (h)The Legislature finds and declares that this section is a state law that provides assistance and services for undocumented persons within the meaning of subdivision (d) of Section 1621 of Title 8 of the United States Code. |
|---|
| 828 | + | |
|---|
| 829 | + | |
|---|
| 830 | + | |
|---|
| 831 | + | (i)Beginning on October 1, 2022, and annually thereafter until October 1, 2025, the department, in consultation with the Commission on Asian Pacific Islander American Affairs, shall submit a report for the prior fiscal year to the budget committees of both houses. The report shall include a list of the grant recipients and the amounts allocated to each grantee, the supports and services and hate crime prevention measures provided by each grantee, and the geographic location of each grantee. |
|---|
| 832 | + | |
|---|
| 833 | + | |
|---|
| 834 | + | |
|---|
| 835 | + | (j)This section shall remain in effect only until June 30, 2026, and as of that date is repealed. |
|---|
| 836 | + | |
|---|
| 837 | + | |
|---|
| 838 | + | |
|---|
| 839 | + | |
|---|
| 840 | + | |
|---|
| 841 | + | |
|---|
| 842 | + | |
|---|
| 843 | + | (a)(1)The Department of Technology shall identify, assess, and prioritize high-risk, critical information technology services and systems across state government, as determined by the Department of Technology, for modernization, stabilization or remediation. |
|---|
| 844 | + | |
|---|
| 845 | + | |
|---|
| 846 | + | |
|---|
| 847 | + | (2)The Department of Technology shall submit an annual report to the Legislature that includes all of the following: |
|---|
| 848 | + | |
|---|
| 849 | + | |
|---|
| 850 | + | |
|---|
| 851 | + | (A)An explanation of how the Department of Technology is prioritizing these efforts across state government. |
|---|
| 852 | + | |
|---|
| 853 | + | |
|---|
| 854 | + | |
|---|
| 855 | + | (B)The impediments and risks that could, or issues that already have, led to changes in how the Department of Technology identifies, assesses, and prioritizes these efforts. |
|---|
| 856 | + | |
|---|
| 857 | + | |
|---|
| 858 | + | |
|---|
| 859 | + | (3)In accordance with Section 6254.19, nothing in this section shall be construed to require the disclosure of information relating to high-risk, critical information technology services and systems by the Department of Technology, if, on the facts of the particular case, disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of a public agency. |
|---|
| 860 | + | |
|---|
| 861 | + | |
|---|
| 862 | + | |
|---|
| 863 | + | (b)(1)Notwithstanding any other law, all state agencies and state entities shall submit information relating to their information technology service contracts, as defined, to the Department of Technology before February 1, 2022, and annually thereafter, in a manner determined by the Department of Technology. |
|---|
| 864 | + | |
|---|
| 865 | + | |
|---|
| 866 | + | |
|---|
| 867 | + | (2)The Department of Technology shall analyze the information submitted pursuant to subparagraph (1). |
|---|
| 868 | + | |
|---|
| 869 | + | |
|---|
| 870 | + | |
|---|
| 871 | + | (3)After completing the analysis, the Department of Technology shall submit a report to the Legislature, as part of its annual information technology report submitted pursuant to subdivision (e) of Section 11545, that does all of the following: |
|---|
| 872 | + | |
|---|
| 873 | + | |
|---|
| 874 | + | |
|---|
| 875 | + | (A)Identifies each service that the Department of Technology believes would be appropriately centralized as shared services contracts. |
|---|
| 876 | + | |
|---|
| 877 | + | |
|---|
| 878 | + | |
|---|
| 879 | + | (B)Summarizes market research the department would conduct to estimate the one-time and ongoing costs to the state of each service. |
|---|
| 880 | + | |
|---|
| 881 | + | |
|---|
| 882 | + | |
|---|
| 883 | + | (C)Calculates potential offsetting savings to the state from reduced overlap and redundancy of services. |
|---|
| 884 | + | |
|---|
| 885 | + | |
|---|
| 886 | + | |
|---|
| 887 | + | (4)After submitting the report, the Department of Technology shall implement a plan to establish centralized contracts for identified shared services, as defined. The plan may include, but is not limited to, a list of existing service contracts of state agencies and state entities to be replaced with centralized service contracts managed by the Department of Technology and a proposed strategy and timeline for the transition from existing service contracts to centralized service contracts. |
|---|
| 888 | + | |
|---|
| 889 | + | |
|---|
| 890 | + | |
|---|
| 891 | + | (c)For purposes of this section, the following definitions shall apply: |
|---|
| 892 | + | |
|---|
| 893 | + | |
|---|
| 894 | + | |
|---|
| 895 | + | (1)Information technology services and systems contracts means contracts for services and systems, including, but not limited to, cloud services, including Software as a Service, Infrastructure as a Service, and Platform as a Service, on-premises services and systems, information technology personal services, and information technology consulting services for not less than five hundred thousand dollars ($500,000) annually, or such amounts determined by the Department of Technology pursuant to its policy. |
|---|
| 896 | + | |
|---|
| 897 | + | |
|---|
| 898 | + | |
|---|
| 899 | + | (2)Shared services means information technology services commonly used across state agencies that may be consolidated under a single contract to achieve cost savings and process efficiencies. |
|---|
| 900 | + | |
|---|
| 901 | + | |
|---|
| 902 | + | |
|---|
| 903 | + | |
|---|
| 904 | + | |
|---|
| 905 | + | |
|---|
| 906 | + | |
|---|
| 907 | + | (a)The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following: |
|---|
| 908 | + | |
|---|
| 909 | + | |
|---|
| 910 | + | |
|---|
| 911 | + | (1)The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual. |
|---|
| 912 | + | |
|---|
| 913 | + | |
|---|
| 914 | + | |
|---|
| 915 | + | (2)The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following: |
|---|
| 916 | + | |
|---|
| 917 | + | |
|---|
| 918 | + | |
|---|
| 919 | + | (A)Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. |
|---|
| 920 | + | |
|---|
| 921 | + | |
|---|
| 922 | + | |
|---|
| 923 | + | (B)Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office. |
|---|
| 924 | + | |
|---|
| 925 | + | |
|---|
| 926 | + | |
|---|
| 927 | + | (3)The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents. |
|---|
| 928 | + | |
|---|
| 929 | + | |
|---|
| 930 | + | |
|---|
| 931 | + | (4)The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan. |
|---|
| 932 | + | |
|---|
| 933 | + | |
|---|
| 934 | + | |
|---|
| 935 | + | (5)Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards. |
|---|
| 936 | + | |
|---|
| 937 | + | |
|---|
| 938 | + | |
|---|
| 939 | + | (6)Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation. |
|---|
| 940 | + | |
|---|
| 941 | + | |
|---|
| 942 | + | |
|---|
| 943 | + | (7)Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy. |
|---|
| 944 | + | |
|---|
| 945 | + | |
|---|
| 946 | + | |
|---|
| 947 | + | (b)All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties: |
|---|
| 948 | + | |
|---|
| 949 | + | |
|---|
| 950 | + | |
|---|
| 951 | + | (1)Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office. |
|---|
| 952 | + | |
|---|
| 953 | + | |
|---|
| 954 | + | |
|---|
| 955 | + | (2)Comply with filing requirements and incident notification by providing timely information and reports as required by the office. |
|---|
| 956 | + | |
|---|
| 957 | + | |
|---|
| 958 | + | |
|---|
| 959 | + | (c)(1)The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed. |
|---|
| 960 | + | |
|---|
| 961 | + | |
|---|
| 962 | + | |
|---|
| 963 | + | (2)In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties: |
|---|
| 964 | + | |
|---|
| 965 | + | |
|---|
| 966 | + | |
|---|
| 967 | + | (A)Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed. |
|---|
| 968 | + | |
|---|
| 969 | + | |
|---|
| 970 | + | |
|---|
| 971 | + | (B)Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies: |
|---|
| 972 | + | |
|---|
| 973 | + | |
|---|
| 974 | + | |
|---|
| 975 | + | (i)Personally identifiable information protected by law. |
|---|
| 976 | + | |
|---|
| 977 | + | |
|---|
| 978 | + | |
|---|
| 979 | + | (ii)Health information protected by law. |
|---|
| 980 | + | |
|---|
| 981 | + | |
|---|
| 982 | + | |
|---|
| 983 | + | (iii)Confidential financial data. |
|---|
| 984 | + | |
|---|
| 985 | + | |
|---|
| 986 | + | |
|---|
| 987 | + | (iv)Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas: |
|---|
| 988 | + | |
|---|
| 989 | + | |
|---|
| 990 | + | |
|---|
| 991 | + | (I)Information asset management. |
|---|
| 992 | + | |
|---|
| 993 | + | |
|---|
| 994 | + | |
|---|
| 995 | + | (II)Risk management. |
|---|
| 996 | + | |
|---|
| 997 | + | |
|---|
| 998 | + | |
|---|
| 999 | + | (III)Information security program management. |
|---|
| 1000 | + | |
|---|
| 1001 | + | |
|---|
| 1002 | + | |
|---|
| 1003 | + | (IV)Information security incident management. |
|---|
| 1004 | + | |
|---|
| 1005 | + | |
|---|
| 1006 | + | |
|---|
| 1007 | + | (V)Technology recovery planning. |
|---|
| 1008 | + | |
|---|
| 1009 | + | |
|---|
| 1010 | + | |
|---|
| 1011 | + | (C)Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision. |
|---|
| 1012 | + | |
|---|
| 1013 | + | |
|---|
| 1014 | + | |
|---|
| 1015 | + | (3)The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed. |
|---|
| 1016 | + | |
|---|
| 1017 | + | |
|---|
| 1018 | + | |
|---|
| 1019 | + | (d)State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services. |
|---|
| 1020 | + | |
|---|
| 1021 | + | |
|---|
| 1022 | + | |
|---|
| 1023 | + | (e)The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements. |
|---|
| 1024 | + | |
|---|
| 1025 | + | |
|---|
| 1026 | + | |
|---|
| 1027 | + | (f) (1)Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity. |
|---|
| 1028 | + | |
|---|
| 1029 | + | |
|---|
| 1030 | + | |
|---|
| 1031 | + | (2)The results of a completed independent security assessment performed pursuant to subdivision (c), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), including, but not limited to, Section 6254.19. |
|---|
| 1032 | + | |
|---|
| 1033 | + | |
|---|
| 1034 | + | |
|---|
| 1035 | + | (g)The office may conduct or require to be conducted an audit of information security to ensure program compliance. |
|---|
| 1036 | + | |
|---|
| 1037 | + | |
|---|
| 1038 | + | |
|---|
| 1039 | + | (h)The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. |
|---|
| 1040 | + | |
|---|
| 1041 | + | |
|---|
| 1042 | + | |
|---|
| 1043 | + | |
|---|
| 1044 | + | |
|---|
| 1045 | + | |
|---|
| 1046 | + | |
|---|
| 1047 | + | |
|---|
| 1048 | + | |
|---|
| 1049 | + | (a)The Energy Unit is hereby created within the Governors Office of Business and Economic Development. |
|---|
| 1050 | + | |
|---|
| 1051 | + | |
|---|
| 1052 | + | |
|---|
| 1053 | + | (b)The Governor shall appoint a deputy director who shall have direct authority over the Energy Unit and serve at the pleasure of the Governor. |
|---|
| 1054 | + | |
|---|
| 1055 | + | |
|---|
| 1056 | + | |
|---|
| 1057 | + | (c)The purpose of the Energy Unit is to accelerate the planning, financing, and execution of critical energy infrastructure projects that are necessary for the state to reach its climate, energy, and sustainability policy goals. |
|---|
| 1058 | + | |
|---|
| 1059 | + | |
|---|
| 1060 | + | |
|---|
| 1061 | + | (d)The Energy Unit shall work with energy project developers and load-serving entities, as defined in Section 380 of the Public Utilities Code, to identify barriers to construction and development of critical energy infrastructure projects and to make recommendations to relevant state agencies and local governments on how to overcome those barriers. |
|---|
| 1062 | + | |
|---|
| 1063 | + | |
|---|
| 1064 | + | |
|---|
| 1065 | + | (e)The Energy Unit shall create a working group that includes local and federal partners to address land use issues related to critical energy infrastructure projects. |
|---|
| 1066 | + | |
|---|
| 1067 | + | |
|---|
| 1068 | + | |
|---|
| 1069 | + | (f)In organizing and managing the Energy Unit, the deputy director shall establish and implement a process to coordinate between the states climate and energy agencies in order to identify the critical energy infrastructure projects that will form the operational mandate of the Energy Unit. |
|---|
| 1070 | + | |
|---|
| 1071 | + | |
|---|
| 1072 | + | |
|---|
| 1073 | + | (g)In operating the Energy Unit, the deputy director shall cooperate with local, regional, federal, and California public and private businesses and investors to eliminate barriers to the completion of critical energy infrastructure projects. |
|---|
| 1074 | + | |
|---|
| 1075 | + | |
|---|
| 1076 | + | |
|---|
| 1077 | + | (h)The Energy Units work shall complement, not conflict with, efforts by the states climate and energy agencies. |
|---|
| 1078 | + | |
|---|
| 1079 | + | |
|---|
| 1080 | + | |
|---|
| 1081 | + | (i)This section, and the Energy Units implementation of this section, does not change the regulatory authority of the states climate and energy agencies. |
|---|
| 1082 | + | |
|---|
| 1083 | + | |
|---|
| 1084 | + | |
|---|
| 1085 | + | (j)(1)On or before February 1 of each year, the Energy Unit shall annually submit a report to the relevant policy and fiscal committees of the Legislature that includes all of the following information: |
|---|
| 1086 | + | |
|---|
| 1087 | + | |
|---|
| 1088 | + | |
|---|
| 1089 | + | (A)The infrastructure priorities identified for purposes of the prior calendar year. |
|---|
| 1090 | + | |
|---|
| 1091 | + | |
|---|
| 1092 | + | |
|---|
| 1093 | + | (B)The constituencies coordinated with in order to advance those infrastructure priorities in the prior calendar year. |
|---|
| 1094 | + | |
|---|
| 1095 | + | |
|---|
| 1096 | + | |
|---|
| 1097 | + | (C)The strategies implemented and steps taken to address barriers to and advance critical energy infrastructure projects in the prior calendar year. |
|---|
| 1098 | + | |
|---|
| 1099 | + | |
|---|
| 1100 | + | |
|---|
| 1101 | + | (D)Any recommendations to the Legislature that would accelerate the Energy Units progress. |
|---|
| 1102 | + | |
|---|
| 1103 | + | |
|---|
| 1104 | + | |
|---|
| 1105 | + | (2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. |
|---|
| 1106 | + | |
|---|
| 1107 | + | |
|---|
| 1108 | + | |
|---|
| 1109 | + | |
|---|
| 1110 | + | |
|---|
| 1111 | + | |
|---|
| 1112 | + | |
|---|
| 1113 | + | (a)For the purposes of this section, the following definitions shall apply: |
|---|
| 1114 | + | |
|---|
| 1115 | + | |
|---|
| 1116 | + | |
|---|
| 1117 | + | (1)Design-build means a construction procurement process in which both the design and construction of a project are procured from a single entity. |
|---|
| 1118 | + | |
|---|
| 1119 | + | |
|---|
| 1120 | + | |
|---|
| 1121 | + | (2)Progressive design-build means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. |
|---|
| 1122 | + | |
|---|
| 1123 | + | |
|---|
| 1124 | + | |
|---|
| 1125 | + | (3)Design-build project means a capital outlay project using the design-build construction procurement process. |
|---|
| 1126 | + | |
|---|
| 1127 | + | |
|---|
| 1128 | + | |
|---|
| 1129 | + | (4)Progressive design-build project means a capital outlay project using the progressive design-build construction procurement process. |
|---|
| 1130 | + | |
|---|
| 1131 | + | |
|---|
| 1132 | + | |
|---|
| 1133 | + | (5)Design-build entity means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed. |
|---|
| 1134 | + | |
|---|
| 1135 | + | |
|---|
| 1136 | + | |
|---|
| 1137 | + | (6)Design-build solicitation package means the performance criteria, any concept drawings, the form of contract, and all other documents and information that serve as the basis on which bids or proposals will be solicited from the design-build entities for design-build projects. |
|---|
| 1138 | + | |
|---|
| 1139 | + | |
|---|
| 1140 | + | |
|---|
| 1141 | + | (7)Design-build phase means the period following the award of a contract to a design-build entity for a design-build project in which the design-build entity completes the design and construction activities necessary to fully complete the project in compliance with the terms of the contract. |
|---|
| 1142 | + | |
|---|
| 1143 | + | |
|---|
| 1144 | + | |
|---|
| 1145 | + | (8)Performance criteria means the information that fully describes the scope of a proposed design-build project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the states needs. Performance criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the states needs. |
|---|
| 1146 | + | |
|---|
| 1147 | + | |
|---|
| 1148 | + | |
|---|
| 1149 | + | (9)Qualification-based selection means the process by which a state agency solicits for services from the design-build entities for a progressive design-build project. |
|---|
| 1150 | + | |
|---|
| 1151 | + | |
|---|
| 1152 | + | |
|---|
| 1153 | + | (10)Preconstruction phase means the period following the award of a contract to a design-build entity for a progressive design-build project in which the design-build entity completes design activities and any preconstruction activities necessary to produce a guaranteed maximum price. |
|---|
| 1154 | + | |
|---|
| 1155 | + | |
|---|
| 1156 | + | |
|---|
| 1157 | + | (11)Guaranteed maximum price means the maximum payment amount agreed upon by the Department of General Services and the design-build entity for the design-build entity to finish all remaining design, preconstruction, and construction activities sufficient to complete and close out a progressive design-build project. If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the progressive design-build project exceed the guaranteed maximum price, the costs exceeding the guaranteed maximum price shall be the responsibility of the design-build entity. If the cost for these activities is less than the guaranteed maximum price, the design-build entity shall not be entitled to the difference between the cost and the guaranteed maximum price. These amounts shall be revert to the fund from which the appropriation was made. |
|---|
| 1158 | + | |
|---|
| 1159 | + | |
|---|
| 1160 | + | |
|---|
| 1161 | + | (12)Progressive design-build phase means the remaining design and preconstruction activities necessary after the preconstruction phase, and all construction activities, necessary to complete construction and closeout of a progressive design-build project. |
|---|
| 1162 | + | |
|---|
| 1163 | + | |
|---|
| 1164 | + | |
|---|
| 1165 | + | (b)(1)Except as described in paragraphs (2) and (3), funds appropriated for a design-build project or progressive design-build project shall not be expended by any state agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council, until the Department of Finance and the State Public Works Board have approved performance criteria or the guaranteed maximum price. |
|---|
| 1166 | + | |
|---|
| 1167 | + | |
|---|
| 1168 | + | |
|---|
| 1169 | + | (2)Paragraph (1) shall not apply to any of the following for funds appropriated for a design-build project: |
|---|
| 1170 | + | |
|---|
| 1171 | + | |
|---|
| 1172 | + | |
|---|
| 1173 | + | (A)Amounts for acquisition of real property, in fee or any lesser interest. |
|---|
| 1174 | + | |
|---|
| 1175 | + | |
|---|
| 1176 | + | |
|---|
| 1177 | + | (B)Amounts for equipment. |
|---|
| 1178 | + | |
|---|
| 1179 | + | |
|---|
| 1180 | + | |
|---|
| 1181 | + | (C)Amounts appropriated for performance criteria. |
|---|
| 1182 | + | |
|---|
| 1183 | + | |
|---|
| 1184 | + | |
|---|
| 1185 | + | (D)Amounts appropriated for preliminary plans, if the appropriation was made prior to January 1, 2005. |
|---|
| 1186 | + | |
|---|
| 1187 | + | |
|---|
| 1188 | + | |
|---|
| 1189 | + | (3)Paragraph (1) shall not apply to any of the following for funds appropriated for a progressive design-build project: |
|---|
| 1190 | + | |
|---|
| 1191 | + | |
|---|
| 1192 | + | |
|---|
| 1193 | + | (A)Amounts for acquisition of real property, in fee or any lesser interest. |
|---|
| 1194 | + | |
|---|
| 1195 | + | |
|---|
| 1196 | + | |
|---|
| 1197 | + | (B)Amounts for equipment. |
|---|
| 1198 | + | |
|---|
| 1199 | + | |
|---|
| 1200 | + | |
|---|
| 1201 | + | (C)Amounts appropriated for qualification-based selection. |
|---|
| 1202 | + | |
|---|
| 1203 | + | |
|---|
| 1204 | + | |
|---|
| 1205 | + | (D)Amounts appropriated for the preconstruction phase. |
|---|
| 1206 | + | |
|---|
| 1207 | + | |
|---|
| 1208 | + | |
|---|
| 1209 | + | (c)(1)If funds have been expended on the design-build phase or the progressive design-build phase of a project by any state agency prior to the approval of the performance criteria or the guaranteed maximum price by the Department of Finance and the State Public Works Board, all appropriated amounts for the design-build phase or the progressive design-build phase of a project, including all amounts expended on design-build or progressive design-build activities, shall revert to the fund from which the appropriation was made. |
|---|
| 1210 | + | |
|---|
| 1211 | + | |
|---|
| 1212 | + | |
|---|
| 1213 | + | (2)A design-build project for which a capital outlay appropriation is made shall not be put out to design-build solicitation until the bid package has been approved by the Department of Finance. A substantial change shall not be made to the performance criteria as approved by the board and the Department of Finance without written approval by the Department of Finance. The Department of Finance shall approve any proposed bid or proposal alternates set forth in the design-build solicitation package. |
|---|
| 1214 | + | |
|---|
| 1215 | + | |
|---|
| 1216 | + | |
|---|
| 1217 | + | (d)The State Public Works Board may augment a design-build project or a progressive design-build project in an amount of up to 20 percent of the capital outlay appropriations for the project, irrespective of whether any such appropriation has reverted. For projects authorized through multiple fund sources, including, but not limited to, general obligation bonds and lease-revenue bonds, to the extent permissible, the Department of Finance shall have full authority to determine which of the fund sources will bear all or part of an augmentation. The board shall defer all augmentations in excess of 20 percent of the amount appropriated for each design-build project or a progressive design-build project until the Legislature makes additional funds available for the specific project. |
|---|
| 1218 | + | |
|---|
| 1219 | + | |
|---|
| 1220 | + | |
|---|
| 1221 | + | (e)In addition to the powers provided by Section 15849.6, the State Public Works Board may further increase the additional amount in Section 15849.6 to include a reasonable construction reserve within the construction fund for any capital outlay project without augmenting the project. The amount of the construction reserve shall be within the 20 percent augmentation limitation. The board may use this amount to augment the project, when and if necessary, after the lease-revenue bonds are sold to ensure completion of the project. |
|---|
| 1222 | + | |
|---|
| 1223 | + | |
|---|
| 1224 | + | |
|---|
| 1225 | + | (f)Any augmentation in excess of 10 percent of the amounts appropriated for each design-build project or a progressive design-build project shall be reported to the Chairperson of the Joint Legislative Budget Committee, or their designee, 20 days prior to board approval, or not sooner than whatever lesser time the chairperson, or their designee, may in each instance determine. |
|---|
| 1226 | + | |
|---|
| 1227 | + | |
|---|
| 1228 | + | |
|---|
| 1229 | + | (g)(1)The Department of Finance may change the administratively or legislatively approved scope for major design-build projects or a progressive design-build projects. |
|---|
| 1230 | + | |
|---|
| 1231 | + | |
|---|
| 1232 | + | |
|---|
| 1233 | + | (2)If the Department of Finance changes the approved scope pursuant to paragraph (1), the department shall report the changes and associated cost implications to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board action to recognize the scope change. |
|---|
| 1234 | + | |
|---|
| 1235 | + | |
|---|
| 1236 | + | |
|---|
| 1237 | + | (h)The Department of Finance shall report to the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the respective fiscal committees, and the legislative members of the State Public Works Board 20 days prior to the proposed board approval of performance criteria or guaranteed maximum price for any project when it is determined that the estimated cost of the total project is in excess of 20 percent of the amount recognized by the Legislature. |
|---|
| 1238 | + | |
|---|
| 1239 | + | |
|---|
| 1240 | + | |
|---|
| 1241 | + | |
|---|
| 1242 | + | |
|---|
| 1243 | + | |
|---|
| 1244 | + | |
|---|
| 1245 | + | (a)The fee for recording and indexing every instrument, paper, or notice required or permitted by law to be recorded shall not exceed ten dollars ($10) for recording the first page and three dollars ($3) for each additional page, to reimburse the county for the costs of services rendered pursuant to this subdivision, except the recorder may charge additional fees as follows: |
|---|
| 1246 | + | |
|---|
| 1247 | + | |
|---|
| 1248 | + | |
|---|
| 1249 | + | (1)If the printing on printed forms is spaced more than nine lines per vertical inch or more than 22 characters and spaces per inch measured horizontally for not less than three inches in one sentence, the recorder shall charge one dollar ($1) extra for each page or sheet on which printing appears, except, however, the extra charge shall not apply to printed words that are directive or explanatory in nature for completion of the form or on vital statistics forms. Fees collected under this paragraph are not subject to subdivision (b) or (c). |
|---|
| 1250 | + | |
|---|
| 1251 | + | |
|---|
| 1252 | + | |
|---|
| 1253 | + | (2)If a page or sheet does not conform to the dimensions described in subdivision (a) of Section 27361.5, the recorder shall charge three dollars ($3) extra per page or sheet of the document. The funds generated by the extra charge authorized under this paragraph shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each countys system of recorded documents. Fees collected under this paragraph are not subject to subdivision (b) or (c). |
|---|
| 1254 | + | |
|---|
| 1255 | + | |
|---|
| 1256 | + | |
|---|
| 1257 | + | (b)One dollar ($1) of each three dollar ($3) fee for each additional page shall be deposited in the county general fund. |
|---|
| 1258 | + | |
|---|
| 1259 | + | |
|---|
| 1260 | + | |
|---|
| 1261 | + | (c)Notwithstanding Section 68085, one dollar ($1) for recording the first page and one dollar ($1) for each additional page shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each countys system of recorded documents. |
|---|
| 1262 | + | |
|---|
| 1263 | + | |
|---|
| 1264 | + | |
|---|
| 1265 | + | (d)(1)In addition to all other fees authorized by this section, a county recorder may charge a fee of one dollar ($1) for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded, as authorized by each countys board of supervisors. The funds generated by this fee shall be used only by the county recorder collecting the fee for the purpose of implementing a social security number truncation program pursuant to Article 3.5 (commencing with Section 27300). |
|---|
| 1266 | + | |
|---|
| 1267 | + | |
|---|
| 1268 | + | |
|---|
| 1269 | + | (2)A county recorder shall not charge the fee described in paragraph (1) after December 31, 2017, unless the county recorder has received reauthorization by the countys board of supervisors. A county recorder shall not seek reauthorization of the fee by the board before June 1, 2017, or after December 31, 2017. In determining the additional period of authorization, the board shall consider the review described in paragraph (4). |
|---|
| 1270 | + | |
|---|
| 1271 | + | |
|---|
| 1272 | + | |
|---|
| 1273 | + | (3)Notwithstanding paragraph (2), a county recorder who, pursuant to subdivision (c) of Section 27304, secures a revenue anticipation loan, or other outside source of funding, for the implementation of a social security number truncation program, may be authorized to charge the fee described in paragraph (1) for a period not to exceed the term of repayment of the loan or other outside source of funding. |
|---|
| 1274 | + | |
|---|
| 1275 | + | |
|---|
| 1276 | + | |
|---|
| 1277 | + | (4)A county board of supervisors that authorizes the fee described in this subdivision shall require the county auditor to conduct two reviews to verify that the funds generated by this fee are used only for the purpose of the program, as described in Article 3.5 (commencing with Section 27300) and for conducting these reviews. The reviews shall state the progress of the county recorder in truncating recorded documents pursuant to subdivision (a) of Section 27301, and shall estimate any ongoing costs to the county recorder of complying with subdivisions (a) and (b) of Section 27301. The board shall require that the first review be completed not before June 1, 2012, or after December 31, 2013, and that the second review be completed not before June 1, 2017, or after December 31, 2017. The reviews shall adhere to generally accepted accounting standards, and the review results shall be made available to the public. |
|---|
| 1278 | + | |
|---|
| 1279 | + | |
|---|
| 1280 | + | |
|---|
| 1281 | + | (e)Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383. |
|---|
| 1282 | + | |
|---|
| 1283 | + | |
|---|
| 1284 | + | |
|---|
| 1285 | + | |
|---|
| 1286 | + | |
|---|
| 1287 | + | |
|---|
| 1288 | + | |
|---|
| 1289 | + | (a)Whenever any instrument, paper, or notice is recorded that contains references to more than one previously recorded document and requires additional indexing by the county recorder to give notice required by law, an additional fee of one dollar ($1) shall be charged for each reference to a previously recorded document, other than the first such reference, requiring additional indexing. References to group mining claims listed on a proof of labor shall be considered as only one reference when they are consecutively numbered or lettered alphabetically, and each break in consecutive numbers or letters shall be considered as an additional mine for fee purposes under this section and shall be so indexed in the index. |
|---|
| 1290 | + | |
|---|
| 1291 | + | |
|---|
| 1292 | + | |
|---|
| 1293 | + | (b)Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383. |
|---|
| 1294 | + | |
|---|
| 1295 | + | |
|---|
| 1296 | + | |
|---|
| 1297 | + | |
|---|
| 1298 | + | |
|---|
| 1299 | + | |
|---|
| 1300 | + | |
|---|
| 1301 | + | (a)The board of supervisors of any county may provide for an additional fee of one dollar ($1) for filing every instrument, paper, or notice for record for any of the following purposes: |
|---|
| 1302 | + | |
|---|
| 1303 | + | |
|---|
| 1304 | + | |
|---|
| 1305 | + | (1)To defray the cost of converting the county recorders document storage system to micrographics and for restoration and preservation of the county recorders permanent archival microfilm. |
|---|
| 1306 | + | |
|---|
| 1307 | + | |
|---|
| 1308 | + | |
|---|
| 1309 | + | (2)To implement and fund a county recorder archive program as determined by the county recorder. |
|---|
| 1310 | + | |
|---|
| 1311 | + | |
|---|
| 1312 | + | |
|---|
| 1313 | + | (3)To implement and maintain or utilize a trusted system, as defined by Section 12168.7, for the permanent preservation of recorded document images. |
|---|
| 1314 | + | |
|---|
| 1315 | + | |
|---|
| 1316 | + | |
|---|
| 1317 | + | (b)The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (c), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee establishes the days of operation of the county recorders offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Section 135 of the Code of Civil Procedure. |
|---|
| 1318 | + | |
|---|
| 1319 | + | |
|---|
| 1320 | + | |
|---|
| 1321 | + | (c)The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (b), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee requires that the instrument, paper, or notice be indexed within two business days after the date of recordation. |
|---|
| 1322 | + | |
|---|
| 1323 | + | |
|---|
| 1324 | + | |
|---|
| 1325 | + | (d)Except as provided in subdivision (g) of Section 6103.8, the fees authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383. |
|---|
| 1326 | + | |
|---|
| 1327 | + | |
|---|
| 1328 | + | |
|---|
| 1329 | + | (e)This section shall remain in effect only until January 1, 2026, and as of that date is repealed. |
|---|
| 1330 | + | |
|---|
| 1331 | + | |
|---|
| 1332 | + | |
|---|
| 1333 | + | |
|---|
| 1334 | + | |
|---|
| 1335 | + | |
|---|
| 1336 | + | |
|---|
| 1337 | + | (a)The board of supervisors of any county may provide for an additional fee of one dollar ($1) for filing every instrument, paper, or notice for record, in order to defray the cost of converting the county recorders document storage system to micrographics. Upon completion of the conversion and payment of the costs therefor, this additional fee shall no longer be imposed. |
|---|
| 1338 | + | |
|---|
| 1339 | + | |
|---|
| 1340 | + | |
|---|
| 1341 | + | (b)The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (c), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee establishes the days of operation of the county recorders offices as every business day except for legal holidays and those holidays designated as judicial holidays pursuant to Section 135 of the Code of Civil Procedure. |
|---|
| 1342 | + | |
|---|
| 1343 | + | |
|---|
| 1344 | + | |
|---|
| 1345 | + | (c)The board of supervisors of any county may provide for an additional fee, other than the fees authorized in subdivisions (a) and (b), of one dollar ($1) for filing every instrument, paper, or notice for record provided that the resolution providing for the additional fee requires that the instrument, paper, or notice be indexed within two business days after the date of recordation. |
|---|
| 1346 | + | |
|---|
| 1347 | + | |
|---|
| 1348 | + | |
|---|
| 1349 | + | (d)Except as provided in subdivision (g) of Section 6103.8, the fees authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383. |
|---|
| 1350 | + | |
|---|
| 1351 | + | |
|---|
| 1352 | + | |
|---|
| 1353 | + | (e)This section shall become operative on January 1, 2026. |
|---|
| 1354 | + | |
|---|
| 1355 | + | |
|---|
| 1356 | + | |
|---|
| 1357 | + | |
|---|
| 1358 | + | |
|---|
| 1359 | + | |
|---|
| 1360 | + | |
|---|
| 1361 | + | (a)Whenever any instrument, paper, or notice is recorded that requires additional indexing by the county recorder to give notice required by law and does not refer to a previously recorded document by reference, as covered in Section 27361.2, an additional fee of one dollar ($1) shall be charged for each group of 10 names or fractional portion thereof after the initial group of 10 names. |
|---|
| 1362 | + | |
|---|
| 1363 | + | |
|---|
| 1364 | + | |
|---|
| 1365 | + | (b)Except as provided in subdivision (g) of Section 6103.8, the fee authorized by this section shall not be charged to those entities exempted from the payment of recording fees under Section 6103 or 27383. |
|---|
| 1366 | + | |
|---|
| 1367 | + | |
|---|
| 1368 | + | |
|---|
| 1369 | + | |
|---|
| 1370 | + | |
|---|
| 1371 | + | |
|---|
| 1372 | + | |
|---|
| 1373 | + | (a)(1)In addition to any other recording fees specified in this code, upon the adoption of a resolution by the county board of supervisors, a fee of up to ten dollars ($10) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county, except those expressly exempted from payment of recording fees and except as provided in paragraph (2). For purposes of this section, real estate instrument means a deed of trust, an assignment of deed of trust, an amended deed of trust, an abstract of judgment, an affidavit, an assignment of rents, an assignment of a lease, a construction trust deed, covenants, conditions, and restrictions (CC&Rs), a declaration of homestead, an easement, a lease, a lien, a lot line adjustment, a mechanics lien, a modification for deed of trust, a notice of completion, a quitclaim deed, a subordination agreement, a release, a reconveyance, a request for notice, a notice of default, a substitution of trustee, a notice of trustee sale, a trustees deed upon sale, or a notice of rescission of declaration of default, or any Uniform Commercial Code amendment, assignment, continuation, statement, or termination. The fees, after deduction of any actual and necessary administrative costs incurred by the county recorder in carrying out this section, shall be paid quarterly to the county auditor or director of finance, to be placed in the Real Estate Fraud Prosecution Trust Fund. The amount deducted for administrative costs shall not exceed 10 percent of the fees paid pursuant to this section. |
|---|
| 1374 | + | |
|---|
| 1375 | + | |
|---|
| 1376 | + | |
|---|
| 1377 | + | (2)The fee imposed by paragraph (1) shall not apply to any real estate instrument, paper, or notice if any of the following apply: |
|---|
| 1378 | + | |
|---|
| 1379 | + | |
|---|
| 1380 | + | |
|---|
| 1381 | + | (A)The real estate instrument, paper, or notice is accompanied by a declaration stating that the transfer is subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. |
|---|
| 1382 | + | |
|---|
| 1383 | + | |
|---|
| 1384 | + | |
|---|
| 1385 | + | (B)The real estate instrument, paper, or notice is recorded concurrently with a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. |
|---|
| 1386 | + | |
|---|
| 1387 | + | |
|---|
| 1388 | + | |
|---|
| 1389 | + | (C)The real estate instrument, paper, or notice is presented for recording within the same business day as, and is related to the recording of, a document subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code. A real estate instrument, paper, or notice that is exempt under this subparagraph shall be accompanied by a statement that includes both of the following: |
|---|
| 1390 | + | |
|---|
| 1391 | + | |
|---|
| 1392 | + | |
|---|
| 1393 | + | (i)A statement that the real estate instrument, paper, or notice is exempt from the fee imposed under paragraph (1). |
|---|
| 1394 | + | |
|---|
| 1395 | + | |
|---|
| 1396 | + | |
|---|
| 1397 | + | (ii)A statement of the recording date and the recorder identification number or book and page of the previously recorded document. |
|---|
| 1398 | + | |
|---|
| 1399 | + | |
|---|
| 1400 | + | |
|---|
| 1401 | + | (D)The real estate instrument, paper, or notice is presented for recording by and is for the benefit of the state or any county, municipality, or other political subdivision of the state. |
|---|
| 1402 | + | |
|---|
| 1403 | + | |
|---|
| 1404 | + | |
|---|
| 1405 | + | (b)Money placed in the Real Estate Fraud Prosecution Trust Fund shall be expended to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes. After deduction of the actual and necessary administrative costs referred to in subdivision (a), 60 percent of the funds shall be distributed to district attorneys subject to review pursuant to subdivision (d), and 40 percent of the funds shall be distributed to local law enforcement agencies within the county in accordance with subdivision (c). In those counties where the investigation of real estate fraud is done exclusively by the district attorney, after deduction of the actual and necessary administrative costs referred to in subdivision (a), 100 percent of the funds shall be distributed to the district attorney, subject to review pursuant to subdivision (d). A portion of the funds may be directly allocated to the county recorder to support county recorder fraud prevention programs, including, but not limited to, the fraud prevention program provided for in Section 27297.7. Prior to establishing or increasing fees pursuant to this section, the board of supervisors may consider support for county recorder fraud prevention programs. The funds so distributed shall be expended for the exclusive purpose of deterring, investigating, and prosecuting real estate fraud crimes. |
|---|
| 1406 | + | |
|---|
| 1407 | + | |
|---|
| 1408 | + | |
|---|
| 1409 | + | (c)The county auditor or director of finance shall distribute funds in the Real Estate Fraud Prosecution Trust Fund to eligible law enforcement agencies within the county pursuant to subdivision (b), as determined by a Real Estate Fraud Prosecution Trust Fund Committee composed of the district attorney, the county chief administrative officer, the chief officer responsible for consumer protection within the county, and the chief law enforcement officer of one law enforcement agency receiving funding from the Real Estate Fraud Prosecution Trust Fund, the latter being selected by a majority of the other three members of the committee. The chief law enforcement officer shall be a nonvoting member of the committee and shall serve a one-year term, which may be renewed. Members may appoint representatives of their offices to serve on the committee. If a county lacks a chief officer responsible for consumer protection, the county board of supervisors may appoint an appropriate representative to serve on the committee. The committee shall establish and publish deadlines and written procedures for local law enforcement agencies within the county to apply for the use of funds and shall review applications and make determinations by majority vote as to the award of funds using the following criteria: |
|---|
| 1410 | + | |
|---|
| 1411 | + | |
|---|
| 1412 | + | |
|---|
| 1413 | + | (1)Each law enforcement agency that seeks funds shall submit a written application to the committee setting forth in detail the agencys proposed use of the funds. |
|---|
| 1414 | + | |
|---|
| 1415 | + | |
|---|
| 1416 | + | |
|---|
| 1417 | + | (2)In order to qualify for receipt of funds, each law enforcement agency submitting an application shall provide written evidence that the agency either: |
|---|
| 1418 | + | |
|---|
| 1419 | + | |
|---|
| 1420 | + | |
|---|
| 1421 | + | (A)Has a unit, division, or section devoted to the investigation or prosecution of real estate fraud, or both, and the unit, division, or section has been in existence for at least one year prior to the application date. |
|---|
| 1422 | + | |
|---|
| 1423 | + | |
|---|
| 1424 | + | |
|---|
| 1425 | + | (B)Has on a regular basis, during the three years immediately preceding the application date, accepted for investigation or prosecution, or both, and assigned to specific persons employed by the agency, cases of suspected real estate fraud, and actively investigated and prosecuted those cases. |
|---|
| 1426 | + | |
|---|
| 1427 | + | |
|---|
| 1428 | + | |
|---|
| 1429 | + | (3)The committees determination to award funds to a law enforcement agency shall be based on, but not be limited to, (A) the number of real estate fraud cases filed in the prior year; (B) the number of real estate fraud cases investigated in the prior year; (C) the number of victims involved in the cases filed; and (D) the total aggregated monetary loss suffered by victims, including individuals, associations, institutions, or corporations, as a result of the real estate fraud cases filed, and those under active investigation by that law enforcement agency. |
|---|
| 1430 | + | |
|---|
| 1431 | + | |
|---|
| 1432 | + | |
|---|
| 1433 | + | (4)Each law enforcement agency that, pursuant to this section, has been awarded funds in the previous year, upon reapplication for funds to the committee in each successive year, in addition to any information the committee may require in paragraph (3), shall be required to submit a detailed accounting of funds received and expended in the prior year. The accounting shall include (A) the amount of funds received and expended; (B) the uses to which those funds were put, including payment of salaries and expenses, purchase of equipment and supplies, and other expenditures by type; (C) the number of filed complaints, investigations, arrests, and convictions that resulted from the expenditure of the funds; and (D) other relevant information the committee may reasonably require. |
|---|
| 1434 | + | |
|---|
| 1435 | + | |
|---|
| 1436 | + | |
|---|
| 1437 | + | (d)The county board of supervisors shall annually review the effectiveness of the district attorney in deterring, investigating, and prosecuting real estate fraud crimes based upon information provided by the district attorney in an annual report. The district attorney shall submit the annual report to the board on or before September 1 of each year. |
|---|
| 1438 | + | |
|---|
| 1439 | + | |
|---|
| 1440 | + | |
|---|
| 1441 | + | (e)A county shall not expend funds held in that countys Real Estate Fraud Prosecution Trust Fund until the countys auditor-controller verifies that the countys district attorney has submitted an annual report for the countys most recent full fiscal year pursuant to the requirements of subdivision (d). |
|---|
| 1442 | + | |
|---|
| 1443 | + | |
|---|
| 1444 | + | |
|---|
| 1445 | + | (f)The intent of the Legislature in enacting this section is to have an impact on real estate fraud involving the largest number of victims. To the extent possible, an emphasis should be placed on fraud against individuals whose residences are in danger of, or are in, foreclosure as defined in subdivision (b) of Section 1695.1 of the Civil Code. Case filing decisions continue to be at the discretion of the prosecutor. |
|---|
| 1446 | + | |
|---|
| 1447 | + | |
|---|
| 1448 | + | |
|---|
| 1449 | + | (g)A district attorneys office or a local enforcement agency that has undertaken investigations and prosecutions that will continue into a subsequent program year may receive nonexpended funds from the previous fiscal year subsequent to the annual submission of information detailing the accounting of funds received and expended in the prior year. |
|---|
| 1450 | + | |
|---|
| 1451 | + | |
|---|
| 1452 | + | |
|---|
| 1453 | + | (h)No money collected pursuant to this section shall be expended to offset a reduction in any other source of funds. Funds from the Real Estate Fraud Prosecution Trust Fund shall be used only in connection with criminal investigations or prosecutions involving recorded real estate documents. |
|---|
| 1454 | + | |
|---|
| 1455 | + | |
|---|
| 1456 | + | |
|---|
| 1457 | + | |
|---|
| 1458 | + | |
|---|
| 1459 | + | |
|---|
| 1460 | + | |
|---|
| 1461 | + | (a)(1)(A)(i)A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, Schedule IV, or Schedule V controlled substances pursuant to Section 11150 shall, upon receipt of a federal Drug Enforcement Administration (DEA) registration, submit an application developed by the department to obtain approval to electronically access information regarding the controlled substance history of a patient that is maintained by the department. Upon approval, the department shall release to the practitioner or their delegate the electronic history of controlled substances dispensed to an individual under the practitioners care based on data contained in the CURES Prescription Drug Monitoring Program (PDMP). |
|---|
| 1462 | + | |
|---|
| 1463 | + | |
|---|
| 1464 | + | |
|---|
| 1465 | + | (ii)A pharmacist shall, upon licensure, submit an application developed by the department to obtain approval to electronically access information regarding the controlled substance history of a patient that is maintained by the department. Upon approval, the department shall release to the pharmacist or their delegate the electronic history of controlled substances dispensed to an individual under the pharmacists care based on data contained in the CURES PDMP. |
|---|
| 1466 | + | |
|---|
| 1467 | + | |
|---|
| 1468 | + | |
|---|
| 1469 | + | (iii)A licensed physician and surgeon who does not hold a DEA registration may submit an application developed by the department to obtain approval to electronically access information regarding the controlled substance history of the patient that is maintained by the department. Upon approval, the department shall release to the physician and surgeon or their delegate the electronic history of controlled substances dispensed to a patient under their care based on data contained in the CURES PDMP. |
|---|
| 1470 | + | |
|---|
| 1471 | + | |
|---|
| 1472 | + | |
|---|
| 1473 | + | (iv)The department shall implement its duties described in clauses (i), (ii), and (iii) upon completion of any technological changes to the CURES database necessary to support clauses (i), (ii), and (iii), or by October 1, 2022, whichever is sooner. |
|---|
| 1474 | + | |
|---|
| 1475 | + | |
|---|
| 1476 | + | |
|---|
| 1477 | + | (B)The department may deny an application or suspend a subscriber, for reasons that include, but are not limited to, the following: |
|---|
| 1478 | + | |
|---|
| 1479 | + | |
|---|
| 1480 | + | |
|---|
| 1481 | + | (i)Materially falsifying an application to access information contained in the CURES database. |
|---|
| 1482 | + | |
|---|
| 1483 | + | |
|---|
| 1484 | + | |
|---|
| 1485 | + | (ii)Failing to maintain effective controls for access to the patient activity report. |
|---|
| 1486 | + | |
|---|
| 1487 | + | |
|---|
| 1488 | + | |
|---|
| 1489 | + | (iii)Having their federal DEA registration suspended or revoked. |
|---|
| 1490 | + | |
|---|
| 1491 | + | |
|---|
| 1492 | + | |
|---|
| 1493 | + | (iv)Violating a law governing controlled substances or another law for which the possession or use of a controlled substance is an element of the crime. |
|---|
| 1494 | + | |
|---|
| 1495 | + | |
|---|
| 1496 | + | |
|---|
| 1497 | + | (v)Accessing information for a reason other than to diagnose or treat a patient, or to document compliance with the law. |
|---|
| 1498 | + | |
|---|
| 1499 | + | |
|---|
| 1500 | + | |
|---|
| 1501 | + | (C)An authorized subscriber shall notify the department within 30 days of a change to the subscriber account. |
|---|
| 1502 | + | |
|---|
| 1503 | + | |
|---|
| 1504 | + | |
|---|
| 1505 | + | (D)An approved health care practitioner, pharmacist, or a person acting on behalf of a health care practitioner or pharmacist pursuant to subdivision (b) of Section 209 of the Business and Professions Code may use the departments online portal or a health information technology system that meets the criteria required in subparagraph (E) to access information in the CURES database pursuant to this section. A subscriber who uses a health information technology system that meets the criteria required in subparagraph (E) to access the CURES database may submit automated queries to the CURES database that are triggered by predetermined criteria. |
|---|
| 1506 | + | |
|---|
| 1507 | + | |
|---|
| 1508 | + | |
|---|
| 1509 | + | (E)An approved health care practitioner or pharmacist may submit queries to the CURES database through a health information technology system if the entity that operates the health information technology system certifies all of the following: |
|---|
| 1510 | + | |
|---|
| 1511 | + | |
|---|
| 1512 | + | |
|---|
| 1513 | + | (i)The entity will not use or disclose data received from the CURES database for a purpose other than delivering the data to an approved health care practitioner or pharmacist or performing data processing activities that may be necessary to enable the delivery unless authorized by, and pursuant to, state and federal privacy and security laws and regulations. |
|---|
| 1514 | + | |
|---|
| 1515 | + | |
|---|
| 1516 | + | |
|---|
| 1517 | + | (ii)The health information technology system will authenticate the identity of an authorized health care practitioner or pharmacist initiating queries to the CURES database and, at the time of the query to the CURES database, the health information technology system submits the following data regarding the query to CURES: |
|---|
| 1518 | + | |
|---|
| 1519 | + | |
|---|
| 1520 | + | |
|---|
| 1521 | + | (I)The date of the query. |
|---|
| 1522 | + | |
|---|
| 1523 | + | |
|---|
| 1524 | + | |
|---|
| 1525 | + | (II)The time of the query. |
|---|
| 1526 | + | |
|---|
| 1527 | + | |
|---|
| 1528 | + | |
|---|
| 1529 | + | (III)The first and last name of the patient queried. |
|---|
| 1530 | + | |
|---|
| 1531 | + | |
|---|
| 1532 | + | |
|---|
| 1533 | + | (IV)The date of birth of the patient queried. |
|---|
| 1534 | + | |
|---|
| 1535 | + | |
|---|
| 1536 | + | |
|---|
| 1537 | + | (V)The identification of the CURES user for whom the system is making the query. |
|---|
| 1538 | + | |
|---|
| 1539 | + | |
|---|
| 1540 | + | |
|---|
| 1541 | + | (iii)The health information technology system meets applicable patient privacy and information security requirements of state and federal law. |
|---|
| 1542 | + | |
|---|
| 1543 | + | |
|---|
| 1544 | + | |
|---|
| 1545 | + | (iv)The entity has entered into a memorandum of understanding with the department that solely addresses the technical specifications of the health information technology system to ensure the security of the data in the CURES database and the secure transfer of data from the CURES database. The technical specifications shall be universal for all health information technology systems that establish a method of system integration to retrieve information from the CURES database. The memorandum of understanding shall not govern, or in any way impact or restrict, the use of data received from the CURES database or impose any additional burdens on covered entities in compliance with the regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 found in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. |
|---|
| 1546 | + | |
|---|
| 1547 | + | |
|---|
| 1548 | + | |
|---|
| 1549 | + | (F)No later than October 1, 2018, the department shall develop a programming interface or other method of system integration to allow health information technology systems that meet the requirements in subparagraph (E) to retrieve information in the CURES database on behalf of an authorized health care practitioner or pharmacist. |
|---|
| 1550 | + | |
|---|
| 1551 | + | |
|---|
| 1552 | + | |
|---|
| 1553 | + | (G)The department shall not access patient-identifiable information in an entitys health information technology system. |
|---|
| 1554 | + | |
|---|
| 1555 | + | |
|---|
| 1556 | + | |
|---|
| 1557 | + | (H)An entity that operates a health information technology system that is requesting to establish an integration with the CURES database shall pay a reasonable fee to cover the cost of establishing and maintaining integration with the CURES database. |
|---|
| 1558 | + | |
|---|
| 1559 | + | |
|---|
| 1560 | + | |
|---|
| 1561 | + | (I)The department may prohibit integration or terminate a health information technology systems ability to retrieve information in the CURES database if the health information technology system fails to meet the requirements of subparagraph (E), or the entity operating the health information technology system does not fulfill its obligation under subparagraph (H). |
|---|
| 1562 | + | |
|---|
| 1563 | + | |
|---|
| 1564 | + | |
|---|
| 1565 | + | (2)A health care practitioner authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, Schedule IV, or Schedule V controlled substances pursuant to Section 11150 or a pharmacist shall be deemed to have complied with paragraph (1) if the licensed health care practitioner or pharmacist has been approved to access the CURES database through the process developed pursuant to subdivision (a) of Section 209 of the Business and Professions Code. |
|---|
| 1566 | + | |
|---|
| 1567 | + | |
|---|
| 1568 | + | |
|---|
| 1569 | + | (b)A request for, or release of, a controlled substance history pursuant to this section shall be made in accordance with guidelines developed by the department. |
|---|
| 1570 | + | |
|---|
| 1571 | + | |
|---|
| 1572 | + | |
|---|
| 1573 | + | (c)In order to prevent the inappropriate, improper, or illegal use of Schedule II, Schedule III, Schedule IV, or Schedule V controlled substances, the department may initiate the referral of the history of controlled substances dispensed to an individual based on data contained in CURES to licensed health care practitioners, pharmacists, or both, providing care or services to the individual. |
|---|
| 1574 | + | |
|---|
| 1575 | + | |
|---|
| 1576 | + | |
|---|
| 1577 | + | (d)The history of controlled substances dispensed to an individual based on data contained in CURES that is received by a practitioner or pharmacist from the department pursuant to this section is medical information subject to the provisions of the Confidentiality of Medical Information Act contained in Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code. |
|---|
| 1578 | + | |
|---|
| 1579 | + | |
|---|
| 1580 | + | |
|---|
| 1581 | + | (e)Information concerning a patients controlled substance history provided to a practitioner or pharmacist pursuant to this section shall include prescriptions for controlled substances listed in Sections 1308.12, 1308.13, 1308.14, and 1308.15 of Title 21 of the Code of Federal Regulations. |
|---|
| 1582 | + | |
|---|
| 1583 | + | |
|---|
| 1584 | + | |
|---|
| 1585 | + | (f)A health care practitioner, pharmacist, or a person acting on behalf of a health care practitioner or pharmacist, when acting with reasonable care and in good faith, is not subject to civil or administrative liability arising from false, incomplete, inaccurate, or misattributed information submitted to, reported by, or relied upon in the CURES database or for a resulting failure of the CURES database to accurately or timely report that information. |
|---|
| 1586 | + | |
|---|
| 1587 | + | |
|---|
| 1588 | + | |
|---|
| 1589 | + | (g)For purposes of this section, the following terms have the following meanings: |
|---|
| 1590 | + | |
|---|
| 1591 | + | |
|---|
| 1592 | + | |
|---|
| 1593 | + | (1)Automated basis means using predefined criteria to trigger an automated query to the CURES database, which can be attributed to a specific health care practitioner or pharmacist. |
|---|
| 1594 | + | |
|---|
| 1595 | + | |
|---|
| 1596 | + | |
|---|
| 1597 | + | (2)Department means the Department of Justice. |
|---|
| 1598 | + | |
|---|
| 1599 | + | |
|---|
| 1600 | + | |
|---|
| 1601 | + | (3)Entity means an organization that operates, or provides or makes available, a health information technology system to a health care practitioner or pharmacist. |
|---|
| 1602 | + | |
|---|
| 1603 | + | |
|---|
| 1604 | + | |
|---|
| 1605 | + | (4)Health information technology system means an information processing application using hardware and software for the storage, retrieval, sharing of or use of patient data for communication, decisionmaking, coordination of care, or the quality, safety, or efficiency of the practice of medicine or delivery of health care services, including, but not limited to, electronic medical record applications, health information exchange systems, or other interoperable clinical or health care information system. |
|---|
| 1606 | + | |
|---|
| 1607 | + | |
|---|
| 1608 | + | |
|---|
| 1609 | + | (h)This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier. |
|---|
| 1610 | + | |
|---|
| 1611 | + | |
|---|
| 1612 | + | |
|---|
| 1613 | + | |
|---|
| 1614 | + | |
|---|
| 1615 | + | |
|---|
| 1616 | + | |
|---|
| 1617 | + | |
|---|
| 1618 | + | |
|---|
| 1619 | + | (a)There is hereby established the Forced or Involuntary Sterilization Compensation Program, to be administered by the California Victim Compensation Board. |
|---|
| 1620 | + | |
|---|
| 1621 | + | |
|---|
| 1622 | + | |
|---|
| 1623 | + | (b)The purpose of the program is to provide victim compensation to the following individuals: |
|---|
| 1624 | + | |
|---|
| 1625 | + | |
|---|
| 1626 | + | |
|---|
| 1627 | + | (1)Any survivor of state-sponsored sterilization conducted pursuant to eugenics laws that existed in the State of California between 1909 and 1979. |
|---|
| 1628 | + | |
|---|
| 1629 | + | |
|---|
| 1630 | + | |
|---|
| 1631 | + | (2)Any survivor of coercive sterilization performed on an individual under the custody and control of the Department of Corrections and Rehabilitation after 1979. |
|---|
| 1632 | + | |
|---|
| 1633 | + | |
|---|
| 1634 | + | |
|---|
| 1635 | + | (c)For purposes of this chapter, the following definitions apply: |
|---|
| 1636 | + | |
|---|
| 1637 | + | |
|---|
| 1638 | + | |
|---|
| 1639 | + | (1)Board means the California Victim Compensation Board. |
|---|
| 1640 | + | |
|---|
| 1641 | + | |
|---|
| 1642 | + | |
|---|
| 1643 | + | (2)Program means the Forced or Involuntary Sterilization Compensation Program. |
|---|
| 1644 | + | |
|---|
| 1645 | + | |
|---|
| 1646 | + | |
|---|
| 1647 | + | (3)Qualified recipient means an individual who is eligible for victim compensation pursuant to this chapter by meeting the following requirements of either eligibility as a survivor of eugenics sterilization or as a survivor of coercive sterilization of imprisoned populations: |
|---|
| 1648 | + | |
|---|
| 1649 | + | |
|---|
| 1650 | + | |
|---|
| 1651 | + | (A)Eligibility as a survivor of eugenics sterilization requires an individual to meet all of the following requirements: |
|---|
| 1652 | + | |
|---|
| 1653 | + | |
|---|
| 1654 | + | |
|---|
| 1655 | + | (i)The individual was sterilized pursuant to eugenics laws that existed in the State of California between 1909 and 1979. |
|---|
| 1656 | + | |
|---|
| 1657 | + | |
|---|
| 1658 | + | |
|---|
| 1659 | + | (ii)The individual was sterilized while the individual was at a facility under the control of the State Department of State Hospitals or the State Department of Developmental Services, including any of the following institutions: |
|---|
| 1660 | + | |
|---|
| 1661 | + | |
|---|
| 1662 | + | |
|---|
| 1663 | + | (I)Agnews Developmental Center, formerly known as Agnews State Mental Hospital. |
|---|
| 1664 | + | |
|---|
| 1665 | + | |
|---|
| 1666 | + | |
|---|
| 1667 | + | (II)Atascadero State Hospital. |
|---|
| 1668 | + | |
|---|
| 1669 | + | |
|---|
| 1670 | + | |
|---|
| 1671 | + | (III)Camarillo State Hospital and Developmental Center. |
|---|
| 1672 | + | |
|---|
| 1673 | + | |
|---|
| 1674 | + | |
|---|
| 1675 | + | (IV)DeWitt State Hospital. |
|---|
| 1676 | + | |
|---|
| 1677 | + | |
|---|
| 1678 | + | |
|---|
| 1679 | + | (V)Fairview Developmental Center, formerly known as Fairview State Hospital. |
|---|
| 1680 | + | |
|---|
| 1681 | + | |
|---|
| 1682 | + | |
|---|
| 1683 | + | (VI)Mendocino State Hospital. |
|---|
| 1684 | + | |
|---|
| 1685 | + | |
|---|
| 1686 | + | |
|---|
| 1687 | + | (VII)Modesto State Hospital. |
|---|
| 1688 | + | |
|---|
| 1689 | + | |
|---|
| 1690 | + | |
|---|
| 1691 | + | (VIII)Napa State Hospital, formerly known as Napa State Asylum for the Insane. |
|---|
| 1692 | + | |
|---|
| 1693 | + | |
|---|
| 1694 | + | |
|---|
| 1695 | + | (IX)Metropolitan State Hospital, formerly known as Norwalk State Hospital. |
|---|
| 1696 | + | |
|---|
| 1697 | + | |
|---|
| 1698 | + | |
|---|
| 1699 | + | (X)Frank D. Lanterman State Hospital and Developmental Center, formerly known as Pacific State Hospital or Pacific Colony. |
|---|
| 1700 | + | |
|---|
| 1701 | + | |
|---|
| 1702 | + | |
|---|
| 1703 | + | (XI)Patton State Hospital, formerly known as Southern California State Asylum for the Insane and Inebriates. |
|---|
| 1704 | + | |
|---|
| 1705 | + | |
|---|
| 1706 | + | |
|---|
| 1707 | + | (XII)Porterville Developmental Center, formerly known as Porterville State Hospital. |
|---|
| 1708 | + | |
|---|
| 1709 | + | |
|---|
| 1710 | + | |
|---|
| 1711 | + | (XIII)Sonoma Developmental Center, formerly known as Sonoma State Hospital, Sonoma State Home, or California Home for the Care and Training of the Feeble Minded. |
|---|
| 1712 | + | |
|---|
| 1713 | + | |
|---|
| 1714 | + | |
|---|
| 1715 | + | (XIV)Stockton Developmental Center, formerly known as Stockton State Hospital. |
|---|
| 1716 | + | |
|---|
| 1717 | + | |
|---|
| 1718 | + | |
|---|
| 1719 | + | (iii)The individual is alive as of the start date of the program. |
|---|
| 1720 | + | |
|---|
| 1721 | + | |
|---|
| 1722 | + | |
|---|
| 1723 | + | (B)Eligibility as a survivor of coercive sterilization of imprisoned populations requires an individual to meet all of the following requirements: |
|---|
| 1724 | + | |
|---|
| 1725 | + | |
|---|
| 1726 | + | |
|---|
| 1727 | + | (i)The individual was sterilized while under the custody and control of the Department of Corrections and Rehabilitation and imprisoned in a state prison or reentry facility, community correctional facility, county jail, or any other institution in which they were involuntarily confined or detained under a civil or criminal statute. |
|---|
| 1728 | + | |
|---|
| 1729 | + | |
|---|
| 1730 | + | |
|---|
| 1731 | + | (ii)The sterilization was not required for the immediate preservation of the individuals life in an emergency medical situation. |
|---|
| 1732 | + | |
|---|
| 1733 | + | |
|---|
| 1734 | + | |
|---|
| 1735 | + | (iii)The sterilization was not the consequence of a chemical sterilization program administered to convicted sex offenders. |
|---|
| 1736 | + | |
|---|
| 1737 | + | |
|---|
| 1738 | + | |
|---|
| 1739 | + | (iv)The individuals sterilization meets one of the following requirements: |
|---|
| 1740 | + | |
|---|
| 1741 | + | |
|---|
| 1742 | + | |
|---|
| 1743 | + | (I)The individual was sterilized for a purpose that was not medically necessary, as determined by contemporaneous standards of evidence-based medicine. |
|---|
| 1744 | + | |
|---|
| 1745 | + | |
|---|
| 1746 | + | |
|---|
| 1747 | + | (II)The individual was sterilized for the purpose of birth control. |
|---|
| 1748 | + | |
|---|
| 1749 | + | |
|---|
| 1750 | + | |
|---|
| 1751 | + | (III)The individual was sterilized without demonstrated informed consent, for which evidence of a lack of consent includes, but is not limited to, the following: |
|---|
| 1752 | + | |
|---|
| 1753 | + | |
|---|
| 1754 | + | |
|---|
| 1755 | + | (ia)Procurement of a pregnant individuals written consent within 30 days of anticipated or actual labor or delivery or less than 72 hours before emergency abdominal surgery and premature delivery. |
|---|
| 1756 | + | |
|---|
| 1757 | + | |
|---|
| 1758 | + | |
|---|
| 1759 | + | (ib)Procurement of an individuals written consent less than 30 days before sterilization. |
|---|
| 1760 | + | |
|---|
| 1761 | + | |
|---|
| 1762 | + | |
|---|
| 1763 | + | (ic)Failure of the prison administration to document written informed consent signed by the imprisoned individual. |
|---|
| 1764 | + | |
|---|
| 1765 | + | |
|---|
| 1766 | + | |
|---|
| 1767 | + | (id)Failure of the prison administration to document the use of interpreters for non-English speakers to ensure understanding by the imprisoned individual of the medical treatment being consented to. |
|---|
| 1768 | + | |
|---|
| 1769 | + | |
|---|
| 1770 | + | |
|---|
| 1771 | + | (ie)Failure of the prison administration to document the counseling of the imprisoned individual on, and offering a consultation of, treatment options that would not result in loss of reproductive capacity. |
|---|
| 1772 | + | |
|---|
| 1773 | + | |
|---|
| 1774 | + | |
|---|
| 1775 | + | (if)Failure of the prison administration to document written informed consent to sterilization signed by the imprisoned individual if sterilization is performed in conjunction with or in addition to other surgery. |
|---|
| 1776 | + | |
|---|
| 1777 | + | |
|---|
| 1778 | + | |
|---|
| 1779 | + | (ig)Failure of prison staff, employees, or agents to comply with requirements of Section 3440 of the Penal Code after its enactment, designed to prohibit and deter coercive sterilization of people in prison. |
|---|
| 1780 | + | |
|---|
| 1781 | + | |
|---|
| 1782 | + | |
|---|
| 1783 | + | (IV)The sterilization was performed by means that are otherwise prohibited by law or regulation. |
|---|
| 1784 | + | |
|---|
| 1785 | + | |
|---|
| 1786 | + | |
|---|
| 1787 | + | (4)Start date of the program means the date the program becomes operative pursuant to Section 24212. |
|---|
| 1788 | + | |
|---|
| 1789 | + | |
|---|
| 1790 | + | |
|---|
| 1791 | + | |
|---|
| 1792 | + | |
|---|
| 1793 | + | (a)The board shall do all of the following to implement the program: |
|---|
| 1794 | + | |
|---|
| 1795 | + | |
|---|
| 1796 | + | |
|---|
| 1797 | + | (1)In consultation with community-based organizations, conduct outreach to locate qualified recipients and notify the qualified recipients of the process through which to apply for victim compensation. The board may use various methods to conduct outreach, including, but not limited to, modalities such as radio announcements, social media posts, and flyers to libraries, social service agencies, long-term care facilities, group homes, supported living organizations, regional centers, and reentry programs. Additionally, the Department of Corrections and Rehabilitation shall post notice of the program, qualifications, and claim process in all California parole and probation offices, and all state prison yards in an area accessible to the prison population. |
|---|
| 1798 | + | |
|---|
| 1799 | + | |
|---|
| 1800 | + | |
|---|
| 1801 | + | (2)Review and verify all applications for victim compensation. |
|---|
| 1802 | + | |
|---|
| 1803 | + | |
|---|
| 1804 | + | |
|---|
| 1805 | + | (A)The board shall consult the HIPAA-compliant eugenic sterilization database developed by the Sterilization and Social Justice Lab at the University of Michigan and may consult records of the State Archives to verify the identity of an individual claiming the individual was sterilized pursuant to eugenics laws during the period of 1919 to 1952, inclusive. |
|---|
| 1806 | + | |
|---|
| 1807 | + | |
|---|
| 1808 | + | |
|---|
| 1809 | + | (B)The board shall consult the records of the State Department of State Hospitals and the State Department of Developmental Services to verify the identity of an individual claiming to have been sterilized pursuant to eugenics laws during the period of 1953 to 1979, inclusive. The State Department of State Hospitals and the State Department of Developmental Services shall make every reasonable effort to locate and share with the board records that will help the board verify claims of individuals sterilized in state institutions from 1953 to 1979, inclusive. This information shall be provided to the board pursuant to the authorizations described in subdivision (aa) of Section 4514 of the Welfare and Institutions Code and paragraph (26) of subdivision (a) of Section 5328 of the Welfare and Institutions Code. The information may include, but is not limited to, documentation of the individuals sterilization, sterilization recommendation, surgical consent forms, relevant court or institutional records, or a sworn statement by the survivor or another individual with personal knowledge of the sterilization. These data may be contained in documents such as institutional reports, annual reports, extant patient records, superintendents files, and administrative records. The board shall maintain the confidentiality of any information received from the State Department of State Hospitals and the State Department of Developmental Services in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and Sections 4514 and 5328 of the Welfare and Institutions Code. |
|---|
| 1810 | + | |
|---|
| 1811 | + | |
|---|
| 1812 | + | |
|---|
| 1813 | + | (C)The board shall consult the records obtained, collected, and considered within the state audit into coercive sterilizations in California womens prisons to verify the identity of individuals under the custody and control of the Department of Corrections and Rehabilitation who were coercively sterilized during labor and delivery within the scope and timeframe considered by the audit. |
|---|
| 1814 | + | |
|---|
| 1815 | + | |
|---|
| 1816 | + | |
|---|
| 1817 | + | (D)The board shall consult with the Federal Receiver for Inmate Medical Services and the Department of Corrections and Rehabilitation to identify individuals who were coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation. |
|---|
| 1818 | + | |
|---|
| 1819 | + | |
|---|
| 1820 | + | |
|---|
| 1821 | + | (E)The board shall consult the records of the Department of Corrections and Rehabilitation and its contracting medical facilities or providers, as necessary, to verify the identity of an individual claiming to have been coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation. The Department of Corrections and Rehabilitation shall make every reasonable effort to locate and share with the board records that will help the board verify claims of individuals sterilized while under state custody and control. |
|---|
| 1822 | + | |
|---|
| 1823 | + | |
|---|
| 1824 | + | |
|---|
| 1825 | + | (F)The board shall allow a claimant to submit evidence that proves the claimant was either sterilized during the period of 1919 to 1979, inclusive, or was coercively sterilized while under the custody and control of the Department of Corrections and Rehabilitation after 1979. The board shall evaluate this evidence by a preponderance of the evidence standard to determine whether it is more likely than not that the claimant is a qualified recipient. The claimants submission of evidence does not relieve the board of its responsibility to verify an individuals identity by consulting the resources described in subparagraphs (A) through (E), inclusive. |
|---|
| 1826 | + | |
|---|
| 1827 | + | |
|---|
| 1828 | + | |
|---|
| 1829 | + | (G)The board shall not have the discretion to deny compensation to any claimant who is a qualified recipient. |
|---|
| 1830 | + | |
|---|
| 1831 | + | |
|---|
| 1832 | + | |
|---|
| 1833 | + | (3)Include an area on the application for a claimant to voluntarily report demographic information about gender, race, ethnicity, disability, age, sexual orientation, and gender identity. |
|---|
| 1834 | + | |
|---|
| 1835 | + | |
|---|
| 1836 | + | |
|---|
| 1837 | + | (4)Affirmatively identify and disclose coercive sterilizations that occurred in California prisons. |
|---|
| 1838 | + | |
|---|
| 1839 | + | |
|---|
| 1840 | + | |
|---|
| 1841 | + | (A)The board shall affirmatively employ the measures outlined in subparagraphs (C) and (D) of paragraph (2) to identify qualified recipients who were sterilized while in the custody and control of the Department of Corrections and Rehabilitation after 1979 and who have not personally or through an agent filed a claim for compensation. |
|---|
| 1842 | + | |
|---|
| 1843 | + | |
|---|
| 1844 | + | |
|---|
| 1845 | + | (B)Upon identifying a qualified recipient, the board shall consult with other state and federal agencies and departments to determine contact information for the individual for purposes of disclosing the sterilization. To the extent permitted by federal law governing confidentiality of the applicable information, the board shall consult with additional entities, including, but not limited to, the Department of Corrections and Rehabilitation, the Employment Development Department, the Department of Motor Vehicles, the California Secretary of State, the United States Department of Homeland Security, the United States Immigration and Customs Enforcement, the United States Department of Justice, and the Social Security Administration. |
|---|
| 1846 | + | |
|---|
| 1847 | + | |
|---|
| 1848 | + | |
|---|
| 1849 | + | (C)In consultation with community-based prisoner advocacy organizations and municipal health agencies responsible for communicating risk of exposure to communicable diseases, the board shall develop a culturally competent and technologically appropriate mechanism of disclosing the sterilization and available compensation to qualified recipients. The notification protocol and procedure shall require access to free counseling, culturally and linguistically appropriate notification, and a diversity of communications technologies to maximize the likelihood that disclosure is successfully relayed to the individual. If the review of an individuals qualifications was initiated at an individuals request by the individuals physician, that physician shall be consulted and included in the notification and disclosure process. |
|---|
| 1850 | + | |
|---|
| 1851 | + | |
|---|
| 1852 | + | |
|---|
| 1853 | + | (D)Upon identifying a qualified recipient who has not already submitted a claim for compensation and obtaining the qualified recipients contact information, the board shall contact the municipal health agency responsible for communicating possible exposure to communicable diseases in that qualified recipients geographic area when developing the notification protocol pursuant to subparagraph (C). |
|---|
| 1854 | + | |
|---|
| 1855 | + | |
|---|
| 1856 | + | |
|---|
| 1857 | + | (E)Any notification protocol shall include notice of the availability of compensation under this chapter and information on how to submit a claim. |
|---|
| 1858 | + | |
|---|
| 1859 | + | |
|---|
| 1860 | + | |
|---|
| 1861 | + | (5)Oversee the appeal process. |
|---|
| 1862 | + | |
|---|
| 1863 | + | |
|---|
| 1864 | + | |
|---|
| 1865 | + | (b)(1)The board shall annually submit a report to the Legislature, including the number of applications submitted, the number of qualified individuals identified who have not filed an application and for whom disclosure is required, the number of disclosures communicated, the number of applications approved, the number of applications denied, the number of claimants paid, the number of appeals submitted, the result of those appeals, and the total amount paid in compensation. |
|---|
| 1866 | + | |
|---|
| 1867 | + | |
|---|
| 1868 | + | |
|---|
| 1869 | + | (2)The report shall also include data on claimants demographic information, including gender, race, ethnicity, disability, age, sexual orientation, and gender identity, as voluntarily provided on a claimants application form. The report shall also include data about the age a claimant was sterilized and the facility where sterilization occurred, as verified by the board. Demographic information shall be reported in aggregate and the names of individual claimants shall be kept confidential. |
|---|
| 1870 | + | |
|---|
| 1871 | + | |
|---|
| 1872 | + | |
|---|
| 1873 | + | (3)The report shall also include data on outreach methods or processes used by the board to reach potential claimants. |
|---|
| 1874 | + | |
|---|
| 1875 | + | |
|---|
| 1876 | + | |
|---|
| 1877 | + | (4)The report shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 1878 | + | |
|---|
| 1879 | + | |
|---|
| 1880 | + | |
|---|
| 1881 | + | (5)The report shall be made available to the public. |
|---|
| 1882 | + | |
|---|
| 1883 | + | |
|---|
| 1884 | + | |
|---|
| 1885 | + | (c)(1)The board shall develop and implement procedures to receive and process applications for victim compensation under this program no later than six months after the start date of the program. |
|---|
| 1886 | + | |
|---|
| 1887 | + | |
|---|
| 1888 | + | |
|---|
| 1889 | + | (2)The board shall implement the outreach plan described in paragraph (4) of subdivision (a) beginning six months after the start date of the program. |
|---|
| 1890 | + | |
|---|
| 1891 | + | |
|---|
| 1892 | + | |
|---|
| 1893 | + | |
|---|
| 1894 | + | |
|---|
| 1895 | + | (a)This chapter shall become operative only upon an appropriation in the annual Budget Act or any other act approved by the Legislature for the express purpose of implementing this chapter. Upon appropriation, the board and departments specified in this chapter shall each post a notice on their internet websites informing the public of the date on which the program became operative. |
|---|
| 1896 | + | |
|---|
| 1897 | + | |
|---|
| 1898 | + | |
|---|
| 1899 | + | (b)The Forced or Involuntary Sterilization Compensation Account is hereby established in the State Treasury, and shall be administered by the California Victim Compensation Board. Any funds appropriated for purposes of this chapter shall be held in this account and shall be used for the purpose of implementing this chapter. Any costs incurred by any state department or agency for these purposes may be reimbursed from this account. |
|---|
| 1900 | + | |
|---|
| 1901 | + | |
|---|
| 1902 | + | |
|---|
| 1903 | + | |
|---|
| 1904 | + | |
|---|
| 1905 | + | (a)(1)An individual seeking victim compensation pursuant to the program shall submit an application to the board beginning six months after the start date of the program and no later than two years and six months after the start date of the program. |
|---|
| 1906 | + | |
|---|
| 1907 | + | |
|---|
| 1908 | + | |
|---|
| 1909 | + | (2)An individual incarcerated or otherwise under the control of the Department of Corrections and Rehabilitation at the time of filing an application need not exhaust administrative remedies before submitting an application for, or receiving, victim compensation pursuant to the program and shall not be disqualified from receiving compensation based on the individuals incarcerated status. |
|---|
| 1910 | + | |
|---|
| 1911 | + | |
|---|
| 1912 | + | |
|---|
| 1913 | + | (3)The board shall screen the application and accompanying documentation for completeness. If the board determines that an application is incomplete, it shall notify the claimant or the claimants lawfully authorized representative that the application is not complete in writing by certified mail no later than 30 calendar days following the screening of the application. The notification shall specify the additional documentation required to complete the application. If the application is incomplete, the claimant shall have 60 calendar days from the receipt of the notification to submit the required documentation. If the required documentation is not received within 60 calendar days, the application will be closed and the claimant shall submit a new application if the claimant seeks victim compensation pursuant to the program, to be reviewed without prejudice. |
|---|
| 1914 | + | |
|---|
| 1915 | + | |
|---|
| 1916 | + | |
|---|
| 1917 | + | (4)The board shall not consider an application or otherwise act on it until the board determines the application is complete with all required documentation. |
|---|
| 1918 | + | |
|---|
| 1919 | + | |
|---|
| 1920 | + | |
|---|
| 1921 | + | (5)If a claimant receives an adverse claim decision, the claimant may file an appeal to the board within 30 days of the receipt of the notice of decision. After receiving the appeal, the board shall again attempt to verify the claimants identity pursuant to paragraph (2) of subdivision (a) of Section 24211. If the claimants identity cannot be verified, then the claimant shall produce sufficient evidence to establish, by a preponderance of the evidence, that it is more likely than not that the claimant is a qualified recipient. This evidence may include, but is not limited to, documentation of the individuals sterilization, sterilization recommendation, surgical consent forms, relevant court or institutional records, or a sworn statement by the survivor or another individual with personal knowledge of the sterilization. The board shall make a determination on the appeal within 30 days of the date of the appeal and notify the claimant of the decision. A claimant who is successful in an appeal shall receive compensation in accordance with subdivision (b). |
|---|
| 1922 | + | |
|---|
| 1923 | + | |
|---|
| 1924 | + | |
|---|
| 1925 | + | (b)The board shall award victim compensation to a qualified recipient pursuant to the following payment schedule: |
|---|
| 1926 | + | |
|---|
| 1927 | + | |
|---|
| 1928 | + | |
|---|
| 1929 | + | (1)A claimant who is determined to be a qualified recipient by the board shall receive an initial payment within 60 days of the boards determination. This initial payment shall be calculated by dividing the funds described in subdivision (b) of Section 24212 for victim compensation payments by the anticipated number of qualified recipients who are expected to apply for compensation, as determined by the board, and then dividing that dollar amount in half. |
|---|
| 1930 | + | |
|---|
| 1931 | + | |
|---|
| 1932 | + | |
|---|
| 1933 | + | (2)After exhaustion of all appeals arising from the denial of an individuals application, but by no later than two years and nine months after the start date of the program, the board shall send a final payment to all qualified recipients. This final payment shall be calculated by dividing the remaining unencumbered balance of funds described in Section 24212 for victim compensation payments by the total number of qualified recipients. |
|---|
| 1934 | + | |
|---|
| 1935 | + | |
|---|
| 1936 | + | |
|---|
| 1937 | + | |
|---|
| 1938 | + | |
|---|
| 1939 | + | (a)A qualified recipient may assign victim compensation to a trust established for the qualified recipients benefit. |
|---|
| 1940 | + | |
|---|
| 1941 | + | |
|---|
| 1942 | + | |
|---|
| 1943 | + | (b)(1)The board shall include a provision on the application for victim compensation under this program that a claimant is authorized to designate a beneficiary for the claimants victim compensation. |
|---|
| 1944 | + | |
|---|
| 1945 | + | |
|---|
| 1946 | + | |
|---|
| 1947 | + | (2)If the claimant dies during the pendency of the claimants application, or after the board determines that the claimant is a qualified recipient, the board shall award the victim compensation to the named beneficiary. If the claimant did not name a beneficiary, then the victim compensation shall remain with the board for expenditure in accordance with subdivision (b) of Section 24213. |
|---|
| 1948 | + | |
|---|
| 1949 | + | |
|---|
| 1950 | + | |
|---|
| 1951 | + | (c)An application may be made by an individuals legally authorized representative if the individual satisfies the criteria for a qualified recipient, as specified in subdivision (c) of Section 24210. |
|---|
| 1952 | + | |
|---|
| 1953 | + | |
|---|
| 1954 | + | |
|---|
| 1955 | + | |
|---|
| 1956 | + | |
|---|
| 1957 | + | The State Department of State Hospitals, the State Department of Developmental Services, and the Department of Corrections and Rehabilitation, in consultation with stakeholders, including at least one member and one advocate of those who were sterilized under Californias eugenics laws between 1909 to 1979, inclusive, and of those who were sterilized without proper authorization while imprisoned in California state prisons after 1979, shall establish markers or plaques at designated sites that acknowledge the wrongful sterilization of thousands of vulnerable people under eugenics policies and the subsequent sterilization of people in Californias womens prisons caused, in part, by the forgotten lessons of the harms of the eugenics movement. |
|---|
| 1958 | + | |
|---|
| 1959 | + | |
|---|
| 1960 | + | |
|---|
| 1961 | + | |
|---|
| 1962 | + | |
|---|
| 1963 | + | The board shall keep confidential and not disclose to the public any record pertaining to either an individuals application for victim compensation or the boards verification of the application, including, but not limited to, claimant names and demographic information submitted on the application. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 is not a violation of this section. |
|---|
| 1964 | + | |
|---|
| 1965 | + | |
|---|
| 1966 | + | |
|---|
| 1967 | + | |
|---|
| 1968 | + | |
|---|
| 1969 | + | (a)Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be considered any of the following: |
|---|
| 1970 | + | |
|---|
| 1971 | + | |
|---|
| 1972 | + | |
|---|
| 1973 | + | (1)Taxable income for state tax purposes. |
|---|
| 1974 | + | |
|---|
| 1975 | + | |
|---|
| 1976 | + | |
|---|
| 1977 | + | (2)Income or resources for purposes of determining the eligibility for, or amount of, any benefits or assistance under any state or local means-tested program. |
|---|
| 1978 | + | |
|---|
| 1979 | + | |
|---|
| 1980 | + | |
|---|
| 1981 | + | (3)Income or resources in determining the eligibility for, or the amount of, any federal public benefits as provided by the Treatment of Certain Payments in Eugenics Compensation Act (42 U.S.C. Sec. 18501). |
|---|
| 1982 | + | |
|---|
| 1983 | + | |
|---|
| 1984 | + | |
|---|
| 1985 | + | (4)Community property for the purpose of determining property rights under the Family Code and Probate Code. |
|---|
| 1986 | + | |
|---|
| 1987 | + | |
|---|
| 1988 | + | |
|---|
| 1989 | + | (b)Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be subject to any of the following: |
|---|
| 1990 | + | |
|---|
| 1991 | + | |
|---|
| 1992 | + | |
|---|
| 1993 | + | (1)Enforcement of a money judgment under state law. |
|---|
| 1994 | + | |
|---|
| 1995 | + | |
|---|
| 1996 | + | |
|---|
| 1997 | + | (2)A money judgment in favor of the State Department of Health Care Services for any period of time in which federal law or guidance has not been issued by the federal Centers for Medicare and Medicaid Services requiring the department to recover funds from the payments pursuant to this chapter for reimbursement of qualifying Medi-Cal expenditures. Following the death of a qualified recipient, both of the following shall apply as long as the federal law or guidance has not been issued: |
|---|
| 1998 | + | |
|---|
| 1999 | + | |
|---|
| 2000 | + | |
|---|
| 2001 | + | (A)The state shall not seek recovery pursuant to Section 14009.5 of the Welfare and Institutions Code of any amount of the payment under the states Medicaid plan established under Title XIX of the Social Security Act. |
|---|
| 2002 | + | |
|---|
| 2003 | + | |
|---|
| 2004 | + | |
|---|
| 2005 | + | (B)The state shall not file a claim for the payment under Section 529A(f) of the Internal Revenue Code. |
|---|
| 2006 | + | |
|---|
| 2007 | + | |
|---|
| 2008 | + | |
|---|
| 2009 | + | (3)The collection of owed child support. |
|---|
| 2010 | + | |
|---|
| 2011 | + | |
|---|
| 2012 | + | |
|---|
| 2013 | + | (4)The collection of court-ordered restitution, fees, or fines. |
|---|
| 2014 | + | |
|---|
| 2015 | + | |
|---|
| 2016 | + | |
|---|
| 2017 | + | |
|---|
| 2018 | + | |
|---|
| 2019 | + | |
|---|
| 2020 | + | |
|---|
| 2021 | + | (a)(1)The department shall, with existing funds or through appropriation by the Legislature, operate a competitive grant program, to be administered by the department. For purposes of this section, existing funds means funding already appropriated to any state department or agency, other than the department, for the purpose of providing services to veterans. The department may enter into memoranda of understanding with other state departments and agencies to implement this section. |
|---|
| 2022 | + | |
|---|
| 2023 | + | |
|---|
| 2024 | + | |
|---|
| 2025 | + | (2)The department may cover reasonable administrative costs of implementing this section using the funds available for the competitive grant program. |
|---|
| 2026 | + | |
|---|
| 2027 | + | |
|---|
| 2028 | + | |
|---|
| 2029 | + | (b)(1)Competitive grants shall be awarded to certified California veteran service providers, as defined in Section 881, for purposes of providing supportive services that improve the quality of life for veterans and their families. Supportive services may include, but are not limited to, housing assistance, health services, including mental and behavioral health services, counseling, small business assistance, case management, employment assistance, and job placement. |
|---|
| 2030 | + | |
|---|
| 2031 | + | |
|---|
| 2032 | + | |
|---|
| 2033 | + | (2)Only a certified California veteran service provider is eligible to be awarded funds under the competitive grant program. |
|---|
| 2034 | + | |
|---|
| 2035 | + | |
|---|
| 2036 | + | |
|---|
| 2037 | + | (3)Competitive grants shall be awarded in support of the states strategic plan for providing veterans with transitional assistance, as described in Section 90. |
|---|
| 2038 | + | |
|---|
| 2039 | + | |
|---|
| 2040 | + | |
|---|
| 2041 | + | (c)The department shall, no later than July 1, 2019, develop regulations for the implementation of the program. These standards shall include, but not be limited to, the grant application criteria, application scoring process, data collection, and accountability for grant program expenditures and metrics for evaluation of grants made. |
|---|
| 2042 | + | |
|---|
| 2043 | + | |
|---|
| 2044 | + | |
|---|
| 2045 | + | (d)Prior to awarding competitive grants under this section, the department shall develop regulations to define criteria for supporting the states strategic plan. |
|---|
| 2046 | + | |
|---|
| 2047 | + | |
|---|
| 2048 | + | |
|---|
| 2049 | + | (e)All funds appropriated pursuant to this chapter shall be deposited in the Certified Veteran Service Provider Program Fund, which is hereby created in the State Treasury, and shall be available for expenditure by the department and exclusively for the support of the department in carrying out their duties and responsibilities under this chapter. |
|---|
| 2050 | + | |
|---|
| 2051 | + | |
|---|
| 2052 | + | |
|---|
| 2053 | + | |
|---|
| 2054 | + | |
|---|
| 2055 | + | |
|---|
| 2056 | + | |
|---|
| 2057 | + | (a)By January 1, 2022, the department, in consultation with the State Air Resources Board, shall establish, and publish in the State Contracting Manual or a department management memorandum, or make available on the departments internet website, a maximum acceptable global warming potential for each category of eligible materials in accordance with both of the following requirements: |
|---|
| 2058 | + | |
|---|
| 2059 | + | |
|---|
| 2060 | + | |
|---|
| 2061 | + | (1)The department shall set the maximum acceptable global warming potential at the industry average of facility-specific global warming potential emissions for that material with a phase-in period of not more than two years. The department shall determine the industry average by consulting recognized databases of environmental product declarations. If the department determines that the facility-specific environmental product declarations available do not adequately represent the industry as a whole, it may use industrywide environmental product declarations based on domestic production data in its calculation of the industry average. When determining the industry averages pursuant to this paragraph, the department should include all stages of manufacturing required by the relevant product category rule. However, when setting the initial industry average, the department may exclude emissions that occur during fabrication stages, and make reasonable judgments aligned with the product category rule. |
|---|
| 2062 | + | |
|---|
| 2063 | + | |
|---|
| 2064 | + | |
|---|
| 2065 | + | (2)The department shall express the maximum acceptable global warming potential as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials. The department may set different maximums for different products within each category and, when more than one set of product category rules exists for a category or set of products, may set a different maximum for each set of product category rules. The global warming potential shall be provided in a manner that is consistent with criteria in an Environmental Product Declaration. |
|---|
| 2066 | + | |
|---|
| 2067 | + | |
|---|
| 2068 | + | |
|---|
| 2069 | + | (b)The department, by January 1, 2022, shall submit a report to the Legislature that describes the method that the department used to develop the maximum global warming potential for each category of eligible materials pursuant to subdivision (a). The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 2070 | + | |
|---|
| 2071 | + | |
|---|
| 2072 | + | |
|---|
| 2073 | + | (c)By January 1, 2025, and every three years thereafter, the department shall review the maximum acceptable global warming potential for each category of eligible materials established pursuant to subdivision (a), and may adjust that number downward for any eligible material to reflect industry improvements if the department, based on the process described in paragraph (1) of subdivision (a), determines that the industry average has changed, but the department shall not adjust that number upward for any eligible material. At that time, the department shall update the State Contracting Manual, department management memorandum, or information available on the departments internet website, to reflect that adjustment. |
|---|
| 2074 | + | |
|---|
| 2075 | + | |
|---|
| 2076 | + | |
|---|
| 2077 | + | |
|---|
| 2078 | + | |
|---|
| 2079 | + | |
|---|
| 2080 | + | |
|---|
| 2081 | + | (a)An awarding authority shall require the successful bidder for a contract described in subdivision (b) to submit a current facility-specific Environmental Product Declaration, Type III, as defined by the International Organization for Standardization (ISO) standard 14025, or similarly robust life cycle assessment methods that have uniform standards in data collection consistent with ISO standard 14025, industry acceptance, and integrity, for each eligible material proposed to be used. |
|---|
| 2082 | + | |
|---|
| 2083 | + | |
|---|
| 2084 | + | |
|---|
| 2085 | + | (b)An awarding authority shall include in a specification for bids for an eligible project that the facility-specific global warming potential for any eligible material does not exceed the maximum acceptable global warming potential for that material determined pursuant to Section 3502. An awarding authority may include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material determined pursuant to Section 3502. |
|---|
| 2086 | + | |
|---|
| 2087 | + | |
|---|
| 2088 | + | |
|---|
| 2089 | + | (c)A successful bidder for a contract described in subdivision (b) shall not install any eligible materials on the project until that bidder submits a facility-specific Environmental Product Declaration for that material pursuant to subdivision (a). |
|---|
| 2090 | + | |
|---|
| 2091 | + | |
|---|
| 2092 | + | |
|---|
| 2093 | + | (d)This section shall only apply to a contract entered into on or after July 1, 2022. |
|---|
| 2094 | + | |
|---|
| 2095 | + | |
|---|
| 2096 | + | |
|---|
| 2097 | + | (e)This section shall not apply to an eligible material for a particular contract if the awarding authority determines, upon written justification published on its internet website, that requiring those eligible materials to comply would be technically infeasible, would result in a significant increase in the project cost or a significant delay in completion, or would result in only one source or manufacturer being able to provide the type of material needed by the state. |
|---|
| 2098 | + | |
|---|
| 2099 | + | |
|---|
| 2100 | + | |
|---|
| 2101 | + | (f)This section shall not apply if the awarding authority determines that an emergency exists, as defined in Section 1102, or that any of the circumstances described in subdivisions (a) to (d), inclusive, of Section 10122 exist. |
|---|
| 2102 | + | |
|---|
| 2103 | + | |
|---|
| 2104 | + | |
|---|
| 2105 | + | |
|---|
| 2106 | + | |
|---|
| 2107 | + | |
|---|
| 2108 | + | |
|---|
| 2109 | + | The department, by July 1, 2023, shall submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article to reduce global warming potential. The report required by this section shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 2110 | + | |
|---|
| 2111 | + | |
|---|
| 2112 | + | |
|---|
| 2113 | + | |
|---|
| 2114 | + | |
|---|
| 2115 | + | |
|---|
| 2116 | + | |
|---|
| 2117 | + | |
|---|
| 2118 | + | |
|---|
| 2119 | + | For purposes of this article, the following definitions shall apply: |
|---|
| 2120 | + | |
|---|
| 2121 | + | |
|---|
| 2122 | + | |
|---|
| 2123 | + | (a)Best value means a value determined by evaluation of objective criteria that relate to demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Other factors such as price, features, functions, and life-cycle costs may be considered. If the qualifications-based selection process includes estimates of cost as a factor, a best value determination may involve the selection of the lowest cost proposal meeting the interests of the department and meeting the objectives of the project, or a tradeoff between price and other specified factors. |
|---|
| 2124 | + | |
|---|
| 2125 | + | |
|---|
| 2126 | + | |
|---|
| 2127 | + | (b)Construction subcontract means each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. |
|---|
| 2128 | + | |
|---|
| 2129 | + | |
|---|
| 2130 | + | |
|---|
| 2131 | + | (c)Department means the Department of General Services. |
|---|
| 2132 | + | |
|---|
| 2133 | + | |
|---|
| 2134 | + | |
|---|
| 2135 | + | (d)Design-build entity means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. |
|---|
| 2136 | + | |
|---|
| 2137 | + | |
|---|
| 2138 | + | |
|---|
| 2139 | + | (e)Design-build project means a capital outlay project using the progressive design-build construction procurement process described in this article. |
|---|
| 2140 | + | |
|---|
| 2141 | + | |
|---|
| 2142 | + | |
|---|
| 2143 | + | (f)Design-build team means the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. |
|---|
| 2144 | + | |
|---|
| 2145 | + | |
|---|
| 2146 | + | |
|---|
| 2147 | + | (g)Director means the Director of General Services or their designee. |
|---|
| 2148 | + | |
|---|
| 2149 | + | |
|---|
| 2150 | + | |
|---|
| 2151 | + | (h)Guaranteed maximum price means the maximum payment amount agreed upon by the department and the design-build entity for the design-build entity to finish all remaining design, preconstruction, and construction activities sufficient to complete and close out the project. |
|---|
| 2152 | + | |
|---|
| 2153 | + | |
|---|
| 2154 | + | |
|---|
| 2155 | + | (i)Progressive design-build means a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. |
|---|
| 2156 | + | |
|---|
| 2157 | + | |
|---|
| 2158 | + | |
|---|
| 2159 | + | (j)Qualifications-based selection means the process by which the department solicits for services from the design-build entities. |
|---|
| 2160 | + | |
|---|
| 2161 | + | |
|---|
| 2162 | + | |
|---|
| 2163 | + | |
|---|
| 2164 | + | |
|---|
| 2165 | + | (a)(1)Notwithstanding any other law, and subject to the limitation of paragraph (2), the director may procure progressive design-build contracts. |
|---|
| 2166 | + | |
|---|
| 2167 | + | |
|---|
| 2168 | + | |
|---|
| 2169 | + | (2)The authority under this article shall apply to no more than three capital outlay projects, which shall be determined jointly by the department and the Department of Finance. |
|---|
| 2170 | + | |
|---|
| 2171 | + | |
|---|
| 2172 | + | |
|---|
| 2173 | + | (b)The director shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the department relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each department entering into design-build contracts authorized under this article. |
|---|
| 2174 | + | |
|---|
| 2175 | + | |
|---|
| 2176 | + | |
|---|
| 2177 | + | |
|---|
| 2178 | + | |
|---|
| 2179 | + | The procurement process for progressive design-build projects shall progress as follows: |
|---|
| 2180 | + | |
|---|
| 2181 | + | |
|---|
| 2182 | + | |
|---|
| 2183 | + | (a)The department shall prepare and issue a request for qualifications in order to select a design-build entity to execute the project. The request for qualifications shall include, but is not limited to, the following elements: |
|---|
| 2184 | + | |
|---|
| 2185 | + | |
|---|
| 2186 | + | |
|---|
| 2187 | + | (1)Documentation of the size, type, and desired design character of the project and any other information deemed necessary to describe adequately the departments needs, including the expected cost range, the methodology that will be used by the department to evaluate the design-build entitys qualifications, the procedure for final selection of the design-build entity, and any other information deemed necessary by the department to inform interested parties of the contracting opportunity. |
|---|
| 2188 | + | |
|---|
| 2189 | + | |
|---|
| 2190 | + | |
|---|
| 2191 | + | (2)Significant factors that the department reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, and all other nonprice-related factors. The department may require that a cost estimate, including the detailed basis for the estimate, be included in the design-build entities responses and consider those costs in evaluating the statements of qualifications. |
|---|
| 2192 | + | |
|---|
| 2193 | + | |
|---|
| 2194 | + | |
|---|
| 2195 | + | (3)The relative importance or the weight assigned to each of the factors identified in the request for qualifications. |
|---|
| 2196 | + | |
|---|
| 2197 | + | |
|---|
| 2198 | + | |
|---|
| 2199 | + | (4)A request for statements of qualifications with a template for the statement that is prepared by the department. The department shall require all of the following information in the statement and indicate, in the template, that the following information is required: |
|---|
| 2200 | + | |
|---|
| 2201 | + | |
|---|
| 2202 | + | |
|---|
| 2203 | + | (A)If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the entitys shareholders, partners, or members known at the time of the statement of qualification submission who will perform work on the project. |
|---|
| 2204 | + | |
|---|
| 2205 | + | |
|---|
| 2206 | + | |
|---|
| 2207 | + | (B)Evidence that the members of the design-build team have completed, or have demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the design-build entity has the capacity to complete the project. |
|---|
| 2208 | + | |
|---|
| 2209 | + | |
|---|
| 2210 | + | |
|---|
| 2211 | + | (C)The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. |
|---|
| 2212 | + | |
|---|
| 2213 | + | |
|---|
| 2214 | + | |
|---|
| 2215 | + | (D)Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. |
|---|
| 2216 | + | |
|---|
| 2217 | + | |
|---|
| 2218 | + | |
|---|
| 2219 | + | (E)Information concerning workers compensation experience history and a worker safety program. |
|---|
| 2220 | + | |
|---|
| 2221 | + | |
|---|
| 2222 | + | |
|---|
| 2223 | + | (F)If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization. |
|---|
| 2224 | + | |
|---|
| 2225 | + | |
|---|
| 2226 | + | |
|---|
| 2227 | + | (G)An acceptable safety record. A proposers safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category or if the proposer is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. |
|---|
| 2228 | + | |
|---|
| 2229 | + | |
|---|
| 2230 | + | |
|---|
| 2231 | + | (5)The information required under this subdivision shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members. |
|---|
| 2232 | + | |
|---|
| 2233 | + | |
|---|
| 2234 | + | |
|---|
| 2235 | + | (b)(1)A design-build entity shall not be evaluated for selection unless the entity provides an enforceable commitment to the director that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1. |
|---|
| 2236 | + | |
|---|
| 2237 | + | |
|---|
| 2238 | + | |
|---|
| 2239 | + | (2)This subdivision shall not apply if one or more of the following requirements are met: |
|---|
| 2240 | + | |
|---|
| 2241 | + | |
|---|
| 2242 | + | |
|---|
| 2243 | + | (A)The department has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. |
|---|
| 2244 | + | |
|---|
| 2245 | + | |
|---|
| 2246 | + | |
|---|
| 2247 | + | (B)The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the department prior to January 1, 2022. |
|---|
| 2248 | + | |
|---|
| 2249 | + | |
|---|
| 2250 | + | |
|---|
| 2251 | + | (C)The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. |
|---|
| 2252 | + | |
|---|
| 2253 | + | |
|---|
| 2254 | + | |
|---|
| 2255 | + | (3)For purposes of this subdivision, project labor agreement has meaning provided in paragraph (1) of subdivision (b) of Section 2500. |
|---|
| 2256 | + | |
|---|
| 2257 | + | |
|---|
| 2258 | + | |
|---|
| 2259 | + | (c)At the close of the solicitation period, the department shall review the submissions. The department may evaluate submissions based solely upon the information provided in each design-build entities statement of qualifications. The department may also interview some or all of the design-build entities to further evaluate their qualifications for the project. |
|---|
| 2260 | + | |
|---|
| 2261 | + | |
|---|
| 2262 | + | |
|---|
| 2263 | + | (d)Notwithstanding any other provision of this code, upon issuance of a contract award, the department shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the departments contract award and the contract file shall provide sufficient information to satisfy an external audit. |
|---|
| 2264 | + | |
|---|
| 2265 | + | |
|---|
| 2266 | + | |
|---|
| 2267 | + | |
|---|
| 2268 | + | |
|---|
| 2269 | + | (a)The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the director, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond. |
|---|
| 2270 | + | |
|---|
| 2271 | + | |
|---|
| 2272 | + | |
|---|
| 2273 | + | (b)The design-build contract shall require errors and omissions insurance coverage for the design elements of the project. |
|---|
| 2274 | + | |
|---|
| 2275 | + | |
|---|
| 2276 | + | |
|---|
| 2277 | + | (c)The department shall develop a standard form of payment and performance bond for its design-build projects. |
|---|
| 2278 | + | |
|---|
| 2279 | + | |
|---|
| 2280 | + | |
|---|
| 2281 | + | |
|---|
| 2282 | + | |
|---|
| 2283 | + | (a)After selecting a design-build entity based upon qualifications, the department may enter into a contract and direct the design-build entity to begin design and preconstruction activities sufficient to establish a guaranteed maximum price for the project. |
|---|
| 2284 | + | |
|---|
| 2285 | + | |
|---|
| 2286 | + | |
|---|
| 2287 | + | (b)(1)Subject to Section 13332.19 of the Government Code, upon agreement of the guaranteed maximum price for the project, the department, at its sole and absolute discretion, may amend its contract to direct the design-build entity to complete the remaining design, preconstruction, and construction activities sufficient to complete and close out the project, and may add funds not exceeding the guaranteed maximum price to the contract for these activities. |
|---|
| 2288 | + | |
|---|
| 2289 | + | |
|---|
| 2290 | + | |
|---|
| 2291 | + | (2)If the cost for completing all remaining design, preconstruction, and construction activities sufficient to complete and close out the project exceed the guaranteed maximum price, the costs exceeding the guaranteed maximum price shall be the responsibility of the design-build entity. If the cost for these activities are less than the guaranteed maximum price, the design-build entity shall not be entitled to the difference between the cost and the guaranteed maximum price. These amounts shall revert to the fund from which the appropriation was made. |
|---|
| 2292 | + | |
|---|
| 2293 | + | |
|---|
| 2294 | + | |
|---|
| 2295 | + | (c)If the department and the design-build entity do not reach agreement on a guaranteed maximum price, or the department otherwise elects not to amend the design-build entitys contract to complete the remaining work, the department may solicit proposals to complete the project from firms that submitted statements of qualifications pursuant to Section 10198.2. The department may also, upon written determination that it is in the best interest of the state to do so, formally solicit proposals from other design-build entities. Subject to Section 13332.19 of the Government Code, contract award shall be made on a best value basis. |
|---|
| 2296 | + | |
|---|
| 2297 | + | |
|---|
| 2298 | + | |
|---|
| 2299 | + | |
|---|
| 2300 | + | |
|---|
| 2301 | + | (a)The department, in each design-build request for qualifications, may identify specific types of subcontractors that shall be included in the design-build entitys statement of qualifications. All construction subcontractors that are identified in the statement of qualifications shall be afforded the protections of Chapter 4 (commencing with Section 4100) of Part 1. |
|---|
| 2302 | + | |
|---|
| 2303 | + | |
|---|
| 2304 | + | |
|---|
| 2305 | + | (b)Following award of the design-build contract, except for those construction subcontractors listed in the statement of qualifications, the design-build entity shall proceed as listed in this subdivision in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work. |
|---|
| 2306 | + | |
|---|
| 2307 | + | |
|---|
| 2308 | + | |
|---|
| 2309 | + | (1)Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the department, including a fixed date and time on which qualifications statements, bids, or proposals will be due. |
|---|
| 2310 | + | |
|---|
| 2311 | + | |
|---|
| 2312 | + | |
|---|
| 2313 | + | (2)Establish reasonable qualification criteria and standards. |
|---|
| 2314 | + | |
|---|
| 2315 | + | |
|---|
| 2316 | + | |
|---|
| 2317 | + | (3)Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. |
|---|
| 2318 | + | |
|---|
| 2319 | + | |
|---|
| 2320 | + | |
|---|
| 2321 | + | (c)Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1. |
|---|
| 2322 | + | |
|---|
| 2323 | + | |
|---|
| 2324 | + | |
|---|
| 2325 | + | |
|---|
| 2326 | + | |
|---|
| 2327 | + | (a)If the department elects to award a project pursuant to this article, retention proceeds withheld by the department from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation. Work performed to establish the guaranteed maximum price shall not be subject to retention. |
|---|
| 2328 | + | |
|---|
| 2329 | + | |
|---|
| 2330 | + | |
|---|
| 2331 | + | (b)In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the department and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required, and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the department and the design-build entity from any payment made by the design-build entity to the subcontractor. |
|---|
| 2332 | + | |
|---|
| 2333 | + | |
|---|
| 2334 | + | |
|---|
| 2335 | + | |
|---|
| 2336 | + | |
|---|
| 2337 | + | Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law. |
|---|
| 2338 | + | |
|---|
| 2339 | + | |
|---|
| 2340 | + | |
|---|
| 2341 | + | |
|---|
| 2342 | + | |
|---|
| 2343 | + | (a)The department shall submit to the Joint Legislative Budget Committee, on or before January 1, 2026, a report containing a description of each public works project procured by the department through the progressive design-build process described in this article that is completed after January 1, 2022, and before December 1, 2025. |
|---|
| 2344 | + | |
|---|
| 2345 | + | |
|---|
| 2346 | + | |
|---|
| 2347 | + | (b)The report described in subdivision (a) shall include, but is not limited to, all of the following information: |
|---|
| 2348 | + | |
|---|
| 2349 | + | |
|---|
| 2350 | + | |
|---|
| 2351 | + | (1)The type of project. |
|---|
| 2352 | + | |
|---|
| 2353 | + | |
|---|
| 2354 | + | |
|---|
| 2355 | + | (2)The gross square footage of the project. |
|---|
| 2356 | + | |
|---|
| 2357 | + | |
|---|
| 2358 | + | |
|---|
| 2359 | + | (3)The design-build entity that was awarded the project. |
|---|
| 2360 | + | |
|---|
| 2361 | + | |
|---|
| 2362 | + | |
|---|
| 2363 | + | (4)The estimated and actual project costs. |
|---|
| 2364 | + | |
|---|
| 2365 | + | |
|---|
| 2366 | + | |
|---|
| 2367 | + | (5)An assessment of the selection process and criteria required by this article. |
|---|
| 2368 | + | |
|---|
| 2369 | + | |
|---|
| 2370 | + | |
|---|
| 2371 | + | (6)An assessment of the effects of the progressive design-build process described in this article on cost and schedule for the project. |
|---|
| 2372 | + | |
|---|
| 2373 | + | |
|---|
| 2374 | + | |
|---|
| 2375 | + | (7)The number of specialty subcontractors listed by construction trade type, on each project, that provided design services, but did not meet the target price for their scope of work and therefore did not perform construction services on that project. |
|---|
| 2376 | + | |
|---|
| 2377 | + | |
|---|
| 2378 | + | |
|---|
| 2379 | + | (8)Whether or not any portion of a design prepared by the specialty subcontractor that did not perform the construction work for that design was used by the department. |
|---|
| 2380 | + | |
|---|
| 2381 | + | |
|---|
| 2382 | + | |
|---|
| 2383 | + | (9)In instances where the department determined that the guaranteed maximum price of any subcontract exceeded the anticipated target price for that portion of the project, which subcontracts were impacted and on what basis the department determined what the anticipated target price was. |
|---|
| 2384 | + | |
|---|
| 2385 | + | |
|---|
| 2386 | + | |
|---|
| 2387 | + | (10)The number of specialty subcontractors listed by construction trade type, on each project, that meet the definition of a small business under subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 14837 of the Government Code. |
|---|
| 2388 | + | |
|---|
| 2389 | + | |
|---|
| 2390 | + | |
|---|
| 2391 | + | (11)The number of specialty subcontractors listed by construction trade type, on each project, that meet the definition of a microbusiness under paragraph (2) of subdivision (d) of Section 14837 of the Government Code. |
|---|
| 2392 | + | |
|---|
| 2393 | + | |
|---|
| 2394 | + | |
|---|
| 2395 | + | (c)The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
|---|
| 2396 | + | |
|---|
| 2397 | + | |
|---|
| 2398 | + | |
|---|
| 2399 | + | |
|---|
| 2400 | + | |
|---|
| 2401 | + | |
|---|
| 2402 | + | |
|---|
| 2403 | + | (a)By March 1, 2022, and by each March 1 thereafter, until March 1, 2027, the commission shall submit a report to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program. |
|---|
| 2404 | + | |
|---|
| 2405 | + | |
|---|
| 2406 | + | |
|---|
| 2407 | + | (b)The report shall include both of the following: |
|---|
| 2408 | + | |
|---|
| 2409 | + | |
|---|
| 2410 | + | |
|---|
| 2411 | + | (1)A description of any changes to guidelines and budget. |
|---|
| 2412 | + | |
|---|
| 2413 | + | |
|---|
| 2414 | + | |
|---|
| 2415 | + | (2)A summary of past spending, activities funded, and expected changes in funding and activities for the next year. |
|---|
| 2416 | + | |
|---|
| 2417 | + | |
|---|
| 2418 | + | |
|---|
| 2419 | + | (c)As part of the report, the commission may include information that is already provided in reports submitted to and approved by the Public Utilities Commission, as applicable. |
|---|
| 2420 | + | |
|---|
| 2421 | + | |
|---|
| 2422 | + | |
|---|
| 2423 | + | (d)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2032. |
|---|
| 2424 | + | |
|---|
| 2425 | + | |
|---|
| 2426 | + | |
|---|
| 2427 | + | |
|---|
| 2428 | + | |
|---|
| 2429 | + | |
|---|
| 2430 | + | |
|---|
| 2431 | + | (a)Using the moneys appropriated pursuant to Items 3360-105-0001 and 3360-005-0001 of Section 2.00 of the Budget Act of 2021, the commission shall implement and administer a statewide program to incentivize the construction of new multifamily and single-family market-rate residential buildings as all-electric buildings or with energy storage systems. The commission shall provide a combined incentive if a building is both all electric and has an energy storage system. |
|---|
| 2432 | + | |
|---|
| 2433 | + | |
|---|
| 2434 | + | |
|---|
| 2435 | + | (b)The program implemented and administered pursuant to this section shall be known as the Building Initiative for Low-Emissions Development Program Phase 2. |
|---|
| 2436 | + | |
|---|
| 2437 | + | |
|---|
| 2438 | + | |
|---|
| 2439 | + | (c)In implementing and administering the Building Initiative for Low-Emissions Development Program Phase 2, the commission shall do all of the following: |
|---|
| 2440 | + | |
|---|
| 2441 | + | |
|---|
| 2442 | + | |
|---|
| 2443 | + | (1)Before June 30, 2022, develop and approve program guidelines in a public process. |
|---|
| 2444 | + | |
|---|
| 2445 | + | |
|---|
| 2446 | + | |
|---|
| 2447 | + | (2)Make program applications available within 30 days of the commission approving the guidelines pursuant to paragraph (1). |
|---|
| 2448 | + | |
|---|
| 2449 | + | |
|---|
| 2450 | + | |
|---|
| 2451 | + | (3)Ensure, to the extent reasonable, that the program incentivizes the construction of buildings as all electric or with energy storage systems that would not have otherwise been constructed as all electric or with energy storage systems but for the Building Initiative for Low-Emissions Development Program Phase 2. |
|---|
| 2452 | + | |
|---|
| 2453 | + | |
|---|
| 2454 | + | |
|---|
| 2455 | + | (4)Ensure, to the extent reasonable, that the program incentivizes the installation of technologies not otherwise required pursuant to the applicable local and state building codes. |
|---|
| 2456 | + | |
|---|
| 2457 | + | |
|---|
| 2458 | + | |
|---|
| 2459 | + | (d)A goal of the Building Initiative for Low-Emissions Development Program Phase 2 is to spur significant market adoption of all-electric buildings and energy storage systems. |
|---|
| 2460 | + | |
|---|
| 2461 | + | |
|---|
| 2462 | + | |
|---|
| 2463 | + | (e)The commission may pay an incentive upfront if not doing so would inhibit participation in the Building Initiative for Low-Emissions Development Program Phase 2. |
|---|
| 2464 | + | |
|---|
| 2465 | + | |
|---|
| 2466 | + | |
|---|
| 2467 | + | |
|---|
| 2468 | + | |
|---|
| 2469 | + | |
|---|
| 2470 | + | |
|---|
| 2471 | + | For purposes of this chapter, the following terms have the following meanings: |
|---|
| 2472 | + | |
|---|
| 2473 | + | |
|---|
| 2474 | + | |
|---|
| 2475 | + | (a)Local educational agency means a school district as defined in Section 41302.5 of the Education Code, a charter school that has been granted a charter pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2 of the Education Code, or a regional occupational center established pursuant to Section 52301 of the Education Code that is operated by a joint powers authority and that has an active career technical education advisory committee pursuant to Section 8070 of the Education Code. |
|---|
| 2476 | + | |
|---|
| 2477 | + | |
|---|
| 2478 | + | |
|---|
| 2479 | + | (b)SRVEVR Program means the School Reopening Ventilation and Energy Efficiency Verification and Repair Program as specified in Article 3 (commencing with Section 1620). |
|---|
| 2480 | + | |
|---|
| 2481 | + | |
|---|
| 2482 | + | |
|---|
| 2483 | + | (c)Skilled and trained workforce has the same meaning as set forth in Section 2601 of the Public Contract Code. |
|---|
| 2484 | + | |
|---|
| 2485 | + | |
|---|
| 2486 | + | |
|---|
| 2487 | + | (d)SNPFA Program means the School Noncompliant Plumbing Fixture and Appliance Program as specified in Article 4 (commencing with Section 1630). |
|---|
| 2488 | + | |
|---|
| 2489 | + | |
|---|
| 2490 | + | |
|---|
| 2491 | + | (e)Underserved community means a community that meets one of the following criteria: |
|---|
| 2492 | + | |
|---|
| 2493 | + | |
|---|
| 2494 | + | |
|---|
| 2495 | + | (1)Is a disadvantaged community as defined by subdivision (g) of Section 75005 of the Public Resources Code. |
|---|
| 2496 | + | |
|---|
| 2497 | + | |
|---|
| 2498 | + | |
|---|
| 2499 | + | (2)Is included within the definition of low-income communities as defined by paragraph (2) of subdivision (d) of Section 39713 of Health and Safety Code. |
|---|
| 2500 | + | |
|---|
| 2501 | + | |
|---|
| 2502 | + | |
|---|
| 2503 | + | (3)Is within an area identified as among the most disadvantaged 25 percent in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen. |
|---|
| 2504 | + | |
|---|
| 2505 | + | |
|---|
| 2506 | + | |
|---|
| 2507 | + | (4)Is a community in which at least 75 percent of public school students in the project area are eligible to receive free or reduced-price meals under the National School Lunch Program. |
|---|
| 2508 | + | |
|---|
| 2509 | + | |
|---|
| 2510 | + | |
|---|
| 2511 | + | (5)Is a community located on lands belonging to a federally recognized California Indian tribe. |
|---|
| 2512 | + | |
|---|
| 2513 | + | |
|---|
| 2514 | + | |
|---|
| 2515 | + | (f)Utility or utilities means both of the following: |
|---|
| 2516 | + | |
|---|
| 2517 | + | |
|---|
| 2518 | + | |
|---|
| 2519 | + | (1)An electrical corporation with 250,000 or more customer accounts within the state. |
|---|
| 2520 | + | |
|---|
| 2521 | + | |
|---|
| 2522 | + | |
|---|
| 2523 | + | (2)A gas corporation with 400,000 or more customer accounts within the state. |
|---|
| 2524 | + | |
|---|
| 2525 | + | |
|---|
| 2526 | + | |
|---|
| 2527 | + | |
|---|
| 2528 | + | |
|---|
| 2529 | + | |
|---|
| 2530 | + | |
|---|
| 2531 | + | (a)(1)The commission shall require each utility to fund the School Energy Efficiency Stimulus Program by allocating their energy efficiency budgets for program years 2021, 2022, and 2023, in both of the following amounts: |
|---|
| 2532 | + | |
|---|
| 2533 | + | |
|---|
| 2534 | + | |
|---|
| 2535 | + | (A)An amount equal to the applicable percentage of the difference between the budget contained in each utilitys 2020 annual budget advice letter approved as of July 1, 2020, and the annual portfolio funding limitation for program year 2020 as set forth in the 20182025 business plan of each utility as approved and modified in ordering paragraph 45 of the commissions Decision 18-05-041 (May 31, 2019) Decision Addressing Energy Efficiency Business Plans, as modified by Decision 20-02-029 (February 6, 2020) Order Modifying Decision (D.) 18-05-041 and Denying Rehearing of Decision, as Modified. The applicable percentage is 80 percent for program year 2021, 70 percent for program year 2022, and 60 percent for program year 2023. |
|---|
| 2536 | + | |
|---|
| 2537 | + | |
|---|
| 2538 | + | |
|---|
| 2539 | + | (B)Any carryover amount from unspent and uncommitted energy efficiency funds for program year 2020, 2021, or 2022 to the School Energy Efficiency Stimulus Program for the following years budget. |
|---|
| 2540 | + | |
|---|
| 2541 | + | |
|---|
| 2542 | + | |
|---|
| 2543 | + | (2)Funding allocations required by this subdivision shall only apply to program years 2021, 2022, and 2023. |
|---|
| 2544 | + | |
|---|
| 2545 | + | |
|---|
| 2546 | + | |
|---|
| 2547 | + | (3)Any funds allocated towards the School Energy Efficiency Stimulus Program pursuant to this section that remain unspent by the end of each program year may be carried over and contribute to the next years budget for the School Energy Efficiency Stimulus Program until the end of the 2023 energy efficiency program year. |
|---|
| 2548 | + | |
|---|
| 2549 | + | |
|---|
| 2550 | + | |
|---|
| 2551 | + | (b)(1)This section does not authorize the levy of a charge or any increase in the amount collected pursuant to an existing charge beyond the amounts authorized by the commission in Decision 18-05-041, or as modified by Decision 20-02-029, nor does it add to, or detract from, any existing authority of the commission to levy or increase charges. |
|---|
| 2552 | + | |
|---|
| 2553 | + | |
|---|
| 2554 | + | |
|---|
| 2555 | + | (2)This subdivision does not change the commissions authority to determine revenue allocation and rate design, including its ability to prioritize customers participating in the California Alternative Rates for Energy or Family Electric Rate Assistance programs when considering appropriate revenue allocation for energy efficiency programs. |
|---|
| 2556 | + | |
|---|
| 2557 | + | |
|---|
| 2558 | + | |
|---|
| 2559 | + | (c)The Energy Commission shall ensure that moneys from each utility for the School Energy Efficiency Stimulus Program are used for projects located in the service territory of that utility from which the moneys are received. |
|---|
| 2560 | + | |
|---|
| 2561 | + | |
|---|
| 2562 | + | |
|---|
| 2563 | + | (d)The Energy Commission may use no more than 5 percent, not to exceed five million dollars ($5,000,000) per year, of the SRVEVR Program and the SNPFA Program funds for administrating the programs, including providing technical support to program participants. The commission shall ensure that funds allocated to the Energy Commission pursuant to this section are transferred to an account specified by the Energy Commission within 60 days after the completion of the prior energy efficiency program year. |
|---|
| 2564 | + | |
|---|
| 2565 | + | |
|---|
| 2566 | + | |
|---|
| 2567 | + | (e)(1)The School Energy Efficiency Stimulus Program Fund was administratively established for the Energy Commission to receive funds allocated pursuant to this chapter. |
|---|
| 2568 | + | |
|---|
| 2569 | + | |
|---|
| 2570 | + | |
|---|
| 2571 | + | (2)Notwithstanding Section 13340 of the Government Code, the moneys in the School Energy Efficiency Stimulus Program Fund are hereby continuously appropriated to the Energy Commission without regard to fiscal years for the purposes of the School Energy Efficiency Stimulus Program established pursuant to this chapter, including, but not limited to, paying the costs of program administration. |
|---|
| 2572 | + | |
|---|
| 2573 | + | |
|---|
| 2574 | + | |
|---|
| 2575 | + | (f)All funds allocated in subdivision (a) shall be spent or returned to each utility by December 1, 2026. |
|---|
| 2576 | + | |
|---|
| 2577 | + | |
|---|
| 2578 | + | |
|---|
| 2579 | + | (g)The Energy Commission may set application and encumbrance deadlines to ensure that the reversion of funds as required by subdivision (f) occurs by December 1, 2026. |
|---|
| 2580 | + | |
|---|
| 2581 | + | |
|---|
| 2582 | + | |
|---|
| 2583 | + | (h)The Energy Commission shall take steps, consistent with Section 25230 of the Public Resources Code, to ensure that a diverse group of contractors are aware of funding opportunities available through the School Energy Efficiency Stimulus Program. |
|---|
| 2584 | + | |
|---|
| 2585 | + | |
|---|
| 2586 | + | |
|---|
| 2587 | + | |
|---|
| 2588 | + | |
|---|
| 2589 | + | |
|---|
| 2590 | + | |
|---|
| 2591 | + | (a)(1)In counties of the first class, annually, on the fourth Monday in September, the county board shall meet to equalize the assessment of property on the local roll. It shall continue to meet for that purpose, from time to time, until the business of equalization is disposed of. |
|---|
| 2592 | + | |
|---|
| 2593 | + | |
|---|
| 2594 | + | |
|---|
| 2595 | + | (2)In all other counties, annually, on the third Monday in July, the county board shall meet to equalize the assessment of property on the local roll. It shall continue to meet for that purpose, from time to time, until the business of equalization is disposed of. |
|---|
| 2596 | + | |
|---|
| 2597 | + | |
|---|
| 2598 | + | |
|---|
| 2599 | + | (b)(1)An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund, if the applicant states in the application that the application is also intended to constitute a claim for refund pursuant to the provisions of Section 5097. |
|---|
| 2600 | + | |
|---|
| 2601 | + | |
|---|
| 2602 | + | |
|---|
| 2603 | + | (2)The county board shall have no power to receive or hear any application for a reduction in an escaped assessment made pursuant to Section 531.1 nor a penal assessment levied in respect thereto, nor to reduce those assessments. |
|---|
| 2604 | + | |
|---|
| 2605 | + | |
|---|
| 2606 | + | |
|---|
| 2607 | + | (c)If the county board fails to hear evidence and fails to make a final determination on the application for reduction in assessment of property within two years of the timely filing of the application, the applicants opinion of value as reflected on the application for reduction in assessment shall be the value upon which taxes are to be levied for the tax year or tax years covered by the application, unless either of the following occurs: |
|---|
| 2608 | + | |
|---|
| 2609 | + | |
|---|
| 2610 | + | |
|---|
| 2611 | + | (1)The applicant and the county board mutually agree in writing, or on the record, to an extension of time for the hearing. |
|---|
| 2612 | + | |
|---|
| 2613 | + | |
|---|
| 2614 | + | |
|---|
| 2615 | + | (2)The application for reduction is consolidated for hearing with another application by the same applicant with respect to which an extension of time for the hearing has been granted pursuant to paragraph (1). In no case shall the application be consolidated without the applicants written agreement after the two-year time period has passed or after an extension of the two-year time period previously agreed to by the applicant has expired. |
|---|
| 2616 | + | |
|---|
| 2617 | + | |
|---|
| 2618 | + | |
|---|
| 2619 | + | The reduction in assessment reflecting the applicants opinion of value shall not be made, however, until two years after the close of the filing period during which the timely application was filed. Further, this subdivision shall not apply to applications for reductions in assessments of property where the applicant has failed to provide full and complete information as required by law or where litigation is pending directly relating to the issues involved in the application. |
|---|
| 2620 | + | |
|---|
| 2621 | + | |
|---|
| 2622 | + | |
|---|
| 2623 | + | (d)(1)When the applicants opinion of value, as stated on the application, has been placed on the assessment roll pursuant to subdivision (c), and the application requested a reduction in the base year value of an assessment, the applicants opinion of value shall remain on the roll until the county board makes a final determination on the application. The value so determined by the county board, plus appropriate adjustments for the inflation factor, shall be entered on the assessment roll for the fiscal year in which the value is determined. No increased or escape taxes other than those required by a purchase, change in ownership, or new construction, or resulting from application of the inflation factor to the applicants opinion of value shall be levied for the tax years during which the county board failed to act. |
|---|
| 2624 | + | |
|---|
| 2625 | + | |
|---|
| 2626 | + | |
|---|
| 2627 | + | (2)When the applicants opinion of value has been placed on the assessment roll pursuant to subdivision (c) for any application other than an application requesting a reduction in base year value, the applicants opinion of value shall be enrolled on the assessment roll for the tax year or tax years covered by that application. |
|---|
| 2628 | + | |
|---|
| 2629 | + | |
|---|
| 2630 | + | |
|---|
| 2631 | + | (e)The county board shall notify the applicant in writing of any decision by that board not to hold a hearing on the applicants application for reduction in assessment within the two-year period specified in subdivision (c) or, if applicable, within the period as modified by subdivision (f). This notice shall also inform the applicant that the applicants opinion of value as reflected on the application for reduction in assessment shall, as a result of the county boards failure to hold a hearing within the prescribed time period, be the value upon which taxes are to be levied in the absence of the application of either paragraph (1) or (2) of subdivision (c). |
|---|
| 2632 | + | |
|---|
| 2633 | + | |
|---|
| 2634 | + | |
|---|
| 2635 | + | (f)(1)Notwithstanding subdivision (c) or any other law, the two-year deadline by which a county board is required under subdivision (c) to render a final determination on a qualified application shall be extended until December 31, 2021. This extension of the two-year deadline shall apply retroactively to all qualified applications that have a two-year deadline under subdivision (c) occurring during the period beginning on March 4, 2020, through December 31, 2021, inclusive. |
|---|
| 2636 | + | |
|---|
| 2637 | + | |
|---|
| 2638 | + | |
|---|
| 2639 | + | (2)For purposes of this subdivision, qualified application means a pending application for reduction in assessment of property as described in subdivision (c) that is timely filed with the county board and has a two-year deadline under subdivision (c) occurring during the period beginning on March 4, 2020, through December 31, 2021, inclusive. |
|---|
| 2640 | + | |
|---|
| 2641 | + | |
|---|
| 2642 | + | |
|---|
| 2643 | + | |
|---|
| 2644 | + | |
|---|
| 2645 | + | |
|---|
| 2646 | + | |
|---|
| 2647 | + | All information and records obtained in the course of providing intake, assessment, and services under Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) to persons with developmental disabilities shall be confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 shall also be confidential. Information and records shall be disclosed only in any of the following cases: |
|---|
| 2648 | + | |
|---|
| 2649 | + | |
|---|
| 2650 | + | |
|---|
| 2651 | + | (a)In communications between qualified professional persons, whether employed by a regional center or state developmental center, or not, in the provision of intake, assessment, and services or appropriate referrals. The consent of the person with a developmental disability, or the persons guardian or conservator, shall be obtained before information or records may be disclosed by regional center or state developmental center personnel to a professional not employed by the regional center or state developmental center, or a program not vendored by a regional center or state developmental center. |
|---|
| 2652 | + | |
|---|
| 2653 | + | |
|---|
| 2654 | + | |
|---|
| 2655 | + | (b)When the person with a developmental disability, who has the capacity to give informed consent, designates individuals to whom information or records may be released. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member. |
|---|
| 2656 | + | |
|---|
| 2657 | + | |
|---|
| 2658 | + | |
|---|
| 2659 | + | (c)To the extent necessary for a claim, or for a claim or application to be made on behalf of a person with a developmental disability for aid, insurance, government benefit, or medical assistance to which the person may be entitled. |
|---|
| 2660 | + | |
|---|
| 2661 | + | |
|---|
| 2662 | + | |
|---|
| 2663 | + | (d)If the person with a developmental disability is a minor, dependent ward, or conservatee, and the persons parent, guardian, conservator, limited conservator with access to confidential records, or authorized representative, designates, in writing, persons to whom records or information may be disclosed. This chapter does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member. |
|---|
| 2664 | + | |
|---|
| 2665 | + | |
|---|
| 2666 | + | |
|---|
| 2667 | + | (e)For research, if the Director of Developmental Services designates, by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. These rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows: |
|---|
| 2668 | + | |
|---|
| 2669 | + | |
|---|
| 2670 | + | |
|---|
| 2671 | + | |
|---|
| 2672 | + | Date |
|---|
| 2673 | + | |
|---|
| 2674 | + | |
|---|
| 2675 | + | |
|---|
| 2676 | + | |
|---|
| 2677 | + | |
|---|
| 2678 | + | |
|---|
| 2679 | + | |
|---|
| 2680 | + | |
|---|
| 2681 | + | |
|---|
| 2682 | + | |
|---|
| 2683 | + | |
|---|
| 2684 | + | |
|---|
| 2685 | + | |
|---|
| 2686 | + | Date |
|---|
| 2687 | + | |
|---|
| 2688 | + | |
|---|
| 2689 | + | |
|---|
| 2690 | + | As a condition of doing research concerning persons with developmental disabilities who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, or the persons parent, guardian, or conservator, and I further agree not to divulge any information obtained in the course of the research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services so those persons who received services are identifiable. |
|---|
| 2691 | + | |
|---|
| 2692 | + | |
|---|
| 2693 | + | |
|---|
| 2694 | + | I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code. |
|---|
| 2695 | + | |
|---|
| 2696 | + | |
|---|
| 2697 | + | |
|---|
| 2698 | + | |
|---|
| 2699 | + | Signed |
|---|
| 2700 | + | |
|---|
| 2701 | + | |
|---|
| 2702 | + | |
|---|
| 2703 | + | |
|---|
| 2704 | + | |
|---|
| 2705 | + | |
|---|
| 2706 | + | |
|---|
| 2707 | + | |
|---|
| 2708 | + | |
|---|
| 2709 | + | |
|---|
| 2710 | + | |
|---|
| 2711 | + | |
|---|
| 2712 | + | |
|---|
| 2713 | + | Signed |
|---|
| 2714 | + | |
|---|
| 2715 | + | |
|---|
| 2716 | + | |
|---|
| 2717 | + | (f)To the courts, as necessary to the administration of justice. |
|---|
| 2718 | + | |
|---|
| 2719 | + | |
|---|
| 2720 | + | |
|---|
| 2721 | + | (g)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families. |
|---|
| 2722 | + | |
|---|
| 2723 | + | |
|---|
| 2724 | + | |
|---|
| 2725 | + | (h)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee. |
|---|
| 2726 | + | |
|---|
| 2727 | + | |
|---|
| 2728 | + | |
|---|
| 2729 | + | (i)To the courts and designated parties as part of a regional center report or assessment in compliance with a statutory or regulatory requirement, including, but not limited to, Section 1827.5 of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code, and Section 6502 of this code. |
|---|
| 2730 | + | |
|---|
| 2731 | + | |
|---|
| 2732 | + | |
|---|
| 2733 | + | (j)To the attorney for the person who was sterilized or alleges they have been sterilized, or to the attorney of an individual with a developmental disability in any and all proceedings upon presentation of a release of information signed by the person, except that when the person lacks the capacity to give informed consent, the regional center or state developmental center director or designee, upon satisfying themselves of the identity of the attorney, and of the fact that the attorney represents the person, shall release all information and records relating to the person. This article does not compel a physician and surgeon, psychologist, social worker, marriage and family therapist, professional clinical counselor, nurse, attorney, or other professional to reveal information that has been given to the person in confidence by a family member of the person unless a valid release has been executed by that family member. |
|---|
| 2734 | + | |
|---|
| 2735 | + | |
|---|
| 2736 | + | |
|---|
| 2737 | + | (k)Upon written consent by a person with a developmental disability previously or presently receiving services from a regional center or state developmental center, the director of the regional center or state developmental center, or the directors designee, may release any information, except information that has been given in confidence by members of the family of the person with a developmental disability, requested by a probation officer charged with the evaluation of the person after the persons conviction of a crime if the regional center or state developmental center director or designee determines that the information is relevant to the evaluation. The consent shall only be operative until sentence is passed on the crime for which the person was convicted. The confidential information released pursuant to this subdivision shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed. |
|---|
| 2738 | + | |
|---|
| 2739 | + | |
|---|
| 2740 | + | |
|---|
| 2741 | + | (l)Between persons who are trained and qualified to serve on multidisciplinary personnel teams, as defined in subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused child and the childs parents pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9. |
|---|
| 2742 | + | |
|---|
| 2743 | + | |
|---|
| 2744 | + | |
|---|
| 2745 | + | (m)When a person with a developmental disability dies from any cause, natural or otherwise, while hospitalized in a state developmental center, the State Department of Developmental Services, the physician and surgeon in charge of the client, or the professional in charge of the facility or the professionals designee, shall release the patients medical record to a medical examiner, forensic pathologist, or coroner, upon request. Except for the purposes included in paragraph (8) of subdivision (b) of Section 56.10 of the Civil Code, a medical examiner, forensic pathologist, or coroner shall not disclose any information contained in the medical record obtained pursuant to this subdivision without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11 of the Civil Code. |
|---|
| 2746 | + | |
|---|
| 2747 | + | |
|---|
| 2748 | + | |
|---|
| 2749 | + | (n)To authorized licensing personnel who are employed by, or who are authorized representatives of, the State Department of Public Health, and who are licensed or registered health professionals, and to authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary to the performance of their duties to inspect, license, and investigate health facilities and community care facilities, and to ensure that the standards of care and services provided in these facilities are adequate and appropriate and to ascertain compliance with the rules and regulations to which the facility is subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 2 (commencing with Section 1250) and Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Public Health or the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and shall not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Public Health or the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Public Health or the State Department of Social Services shall not contain the name of the person with a developmental disability. |
|---|
| 2750 | + | |
|---|
| 2751 | + | |
|---|
| 2752 | + | |
|---|
| 2753 | + | (o)To a board that licenses and certifies professionals in the fields of mental health and developmental disabilities pursuant to state law, when the Director of Developmental Services has reasonable cause to believe that there has occurred a violation of a law subject to the jurisdiction of a board and the records are relevant to the violation. The information shall be sealed after a decision is reached in the matter of the suspected violation, and shall not subsequently be released except in accordance with this subdivision. Confidential information in the possession of the board shall not contain the name of the person with a developmental disability. |
|---|
| 2754 | + | |
|---|
| 2755 | + | |
|---|
| 2756 | + | |
|---|
| 2757 | + | (p)(1)To governmental law enforcement agencies by the director of a regional center or state developmental center, or the directors designee, when (A) the person with a developmental disability has been reported lost or missing or (B) there is probable cause to believe that a person with a developmental disability has committed, or has been the victim of, murder, manslaughter, mayhem, aggravated mayhem, kidnapping, robbery, carjacking, assault with the intent to commit a felony, arson, extortion, rape, forcible sodomy, forcible oral copulation, assault or battery, or unlawful possession of a weapon, as provided in any provision listed in Section 16590 of the Penal Code. |
|---|
| 2758 | + | |
|---|
| 2759 | + | |
|---|
| 2760 | + | |
|---|
| 2761 | + | (2)This subdivision shall be limited solely to information directly relating to the factual circumstances of the commission of the enumerated offenses and shall not include information relating to the mental state of the patient or the circumstances of the patients treatment unless relevant to the crime involved. |
|---|
| 2762 | + | |
|---|
| 2763 | + | |
|---|
| 2764 | + | |
|---|
| 2765 | + | (3)This subdivision is not an exception to, and does not in any other way affect, the provisions of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing with Section 15750) of Part 3 of Division 9. |
|---|
| 2766 | + | |
|---|
| 2767 | + | |
|---|
| 2768 | + | |
|---|
| 2769 | + | (q)To the Division of Juvenile Facilities and Department of Corrections and Rehabilitation or any component thereof, as necessary to the administration of justice. |
|---|
| 2770 | + | |
|---|
| 2771 | + | |
|---|
| 2772 | + | |
|---|
| 2773 | + | (r)To an agency mandated to investigate a report of abuse filed pursuant to either Section 11164 of the Penal Code or Section 15630 of this code for the purposes of either a mandated or voluntary report or when those agencies request information in the course of conducting their investigation. |
|---|
| 2774 | + | |
|---|
| 2775 | + | |
|---|
| 2776 | + | |
|---|
| 2777 | + | (s)When a person with a developmental disability, or the parent, guardian, or conservator of a person with a developmental disability who lacks capacity to consent, fails to grant or deny a request by a regional center or state developmental center to release information or records relating to the person with a developmental disability within a reasonable period of time, the director of the regional or developmental center, or the directors designee, may release information or records on behalf of that person if both of the following conditions are met: |
|---|
| 2778 | + | |
|---|
| 2779 | + | |
|---|
| 2780 | + | |
|---|
| 2781 | + | (1)Release of the information or records is deemed necessary to protect the persons health, safety, or welfare. |
|---|
| 2782 | + | |
|---|
| 2783 | + | |
|---|
| 2784 | + | |
|---|
| 2785 | + | (2)The person, or the persons parent, guardian, or conservator, has been advised annually in writing of the policy of the regional center or state developmental center for release of confidential client information or records when the person with developmental disabilities, or the persons parent, guardian, or conservator, fails to respond to a request for release of the information or records within a reasonable period of time. A statement of policy contained in the clients individual program plan shall be deemed to comply with the notice requirement of this paragraph. |
|---|
| 2786 | + | |
|---|
| 2787 | + | |
|---|
| 2788 | + | |
|---|
| 2789 | + | (t)(1)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, the following information and records may be released: |
|---|
| 2790 | + | |
|---|
| 2791 | + | |
|---|
| 2792 | + | |
|---|
| 2793 | + | (A)All information and records that the appointing authority relied upon in issuing the notice of adverse action. |
|---|
| 2794 | + | |
|---|
| 2795 | + | |
|---|
| 2796 | + | |
|---|
| 2797 | + | (B)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code. |
|---|
| 2798 | + | |
|---|
| 2799 | + | |
|---|
| 2800 | + | |
|---|
| 2801 | + | (C)The information described in subparagraphs (A) and (B) may be released only if both of the following conditions are met: |
|---|
| 2802 | + | |
|---|
| 2803 | + | |
|---|
| 2804 | + | |
|---|
| 2805 | + | (i)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken. |
|---|
| 2806 | + | |
|---|
| 2807 | + | |
|---|
| 2808 | + | |
|---|
| 2809 | + | (ii)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following: |
|---|
| 2810 | + | |
|---|
| 2811 | + | |
|---|
| 2812 | + | |
|---|
| 2813 | + | (I)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided. |
|---|
| 2814 | + | |
|---|
| 2815 | + | |
|---|
| 2816 | + | |
|---|
| 2817 | + | (II)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were from a source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents submitted to the administrative tribunal as a component of an appeal from the adverse action. |
|---|
| 2818 | + | |
|---|
| 2819 | + | |
|---|
| 2820 | + | |
|---|
| 2821 | + | (III)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity. |
|---|
| 2822 | + | |
|---|
| 2823 | + | |
|---|
| 2824 | + | |
|---|
| 2825 | + | (2)For the purposes of this subdivision, the State Personnel Board may issue, before an appeal from adverse action being filed with it, a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this subdivision, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action. |
|---|
| 2826 | + | |
|---|
| 2827 | + | |
|---|
| 2828 | + | |
|---|
| 2829 | + | (3)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed. |
|---|
| 2830 | + | |
|---|
| 2831 | + | |
|---|
| 2832 | + | |
|---|
| 2833 | + | (4)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction. |
|---|
| 2834 | + | |
|---|
| 2835 | + | |
|---|
| 2836 | + | |
|---|
| 2837 | + | (5)For purposes of this subdivision, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law. |
|---|
| 2838 | + | |
|---|
| 2839 | + | |
|---|
| 2840 | + | |
|---|
| 2841 | + | (u)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726. |
|---|
| 2842 | + | |
|---|
| 2843 | + | |
|---|
| 2844 | + | |
|---|
| 2845 | + | (v)To a protection and advocacy agency established pursuant to Section 4901, to the extent that the information is incorporated within any of the following: |
|---|
| 2846 | + | |
|---|
| 2847 | + | |
|---|
| 2848 | + | |
|---|
| 2849 | + | (1)An unredacted facility evaluation report form or an unredacted complaint investigation report form of the State Department of Social Services. This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903. |
|---|
| 2850 | + | |
|---|
| 2851 | + | |
|---|
| 2852 | + | |
|---|
| 2853 | + | (2)An unredacted citation report, unredacted licensing report, unredacted survey report, unredacted plan of correction, or unredacted statement of deficiency of the State Department of Public Health, prepared by authorized licensing personnel or authorized representatives described in subdivision (n). This information shall remain confidential and subject to the confidentiality requirements of subdivision (f) of Section 4903. |
|---|
| 2854 | + | |
|---|
| 2855 | + | |
|---|
| 2856 | + | |
|---|
| 2857 | + | (w)To the regional center clients rights advocate who provides service pursuant to Section 4433, unless the consumer objects on the consumers own behalf, for the purpose of providing authorized clients rights advocacy services pursuant to Section 4418.25 or 4418.7, subparagraph (B) or (C) of paragraph (9) of subdivision (a) of Section 4648, Sections 4684.80 to 4684.87, inclusive, or Section 4698 or 7502.5 of this code, or Section 1267.75 or 1531.15 of the Health and Safety Code. |
|---|
| 2858 | + | |
|---|
| 2859 | + | |
|---|
| 2860 | + | |
|---|
| 2861 | + | (x)For purposes of this section, a reference to a medical examiner, forensic pathologist, or coroner means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroners office or a medical examiners office, whether as a government employee or under contract to that office. |
|---|
| 2862 | + | |
|---|
| 2863 | + | |
|---|
| 2864 | + | |
|---|
| 2865 | + | (y)To authorized personnel who are employed by the Employment Development Department as necessary to enable the Employment Development Department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to subdivision (ak) of Section 1095 of the Unemployment Insurance Code. The Employment Development Department shall maintain the confidentiality of information provided to it by the State Department of Developmental Services to the same extent as if the Employment Development Department had acquired the information directly. |
|---|
| 2866 | + | |
|---|
| 2867 | + | |
|---|
| 2868 | + | |
|---|
| 2869 | + | (z)To authorized personnel who are employed by the State Department of Social Services as necessary to enable the department to provide the information required to be disclosed to the State Department of Developmental Services pursuant to Section 10850.6. The State Department of Social Services shall maintain the confidentiality of any information provided to it by the State Department of Developmental Services to the same extent as if the State Department of Social Services had directly acquired that information. |
|---|
| 2870 | + | |
|---|
| 2871 | + | |
|---|
| 2872 | + | |
|---|
| 2873 | + | (aa)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section. |
|---|
| 2874 | + | |
|---|
| 2875 | + | |
|---|
| 2876 | + | |
|---|
| 2877 | + | |
|---|
| 2878 | + | |
|---|
| 2879 | + | |
|---|
| 2880 | + | |
|---|
| 2881 | + | (a)All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services are confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 are also confidential. Information and records shall be disclosed only in any of the following cases: |
|---|
| 2882 | + | |
|---|
| 2883 | + | |
|---|
| 2884 | + | |
|---|
| 2885 | + | (1)In communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient, or the patients guardian or conservator, shall be obtained before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not have the medical or psychological responsibility for the patients care. |
|---|
| 2886 | + | |
|---|
| 2887 | + | |
|---|
| 2888 | + | |
|---|
| 2889 | + | (2)If the patient, with the approval of the physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, or licensed professional clinical counselor, who is in charge of the patient, designates persons to whom information or records may be released, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family. This paragraph does not authorize a licensed marriage and family therapist or licensed professional clinical counselor to provide services or to be in charge of a patients care beyond the therapists or counselors lawful scope of practice. |
|---|
| 2890 | + | |
|---|
| 2891 | + | |
|---|
| 2892 | + | |
|---|
| 2893 | + | (3)To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which the recipient may be entitled. |
|---|
| 2894 | + | |
|---|
| 2895 | + | |
|---|
| 2896 | + | |
|---|
| 2897 | + | (4)If the recipient of services is a minor, ward, dependent, or conservatee, and the recipients parent, guardian, guardian ad litem, conservator, or authorized representative designates, in writing, persons to whom records or information may be disclosed, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family. |
|---|
| 2898 | + | |
|---|
| 2899 | + | |
|---|
| 2900 | + | |
|---|
| 2901 | + | (5)For research, provided that the Director of Health Care Services, the Director of State Hospitals, the Director of Social Services, or the Director of Developmental Services designates by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. The rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows: |
|---|
| 2902 | + | |
|---|
| 2903 | + | |
|---|
| 2904 | + | |
|---|
| 2905 | + | |
|---|
| 2906 | + | Date |
|---|
| 2907 | + | |
|---|
| 2908 | + | |
|---|
| 2909 | + | |
|---|
| 2910 | + | |
|---|
| 2911 | + | |
|---|
| 2912 | + | Date |
|---|
| 2913 | + | |
|---|
| 2914 | + | |
|---|
| 2915 | + | |
|---|
| 2916 | + | As a condition of doing research concerning persons who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of those persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, and I further agree not to divulge any information obtained in the course of that research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services such that the person who received services is identifiable. |
|---|
| 2917 | + | |
|---|
| 2918 | + | |
|---|
| 2919 | + | |
|---|
| 2920 | + | I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code. |
|---|
| 2921 | + | |
|---|
| 2922 | + | |
|---|
| 2923 | + | |
|---|
| 2924 | + | (6)To the courts, as necessary to the administration of justice. |
|---|
| 2925 | + | |
|---|
| 2926 | + | |
|---|
| 2927 | + | |
|---|
| 2928 | + | (7)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families. |
|---|
| 2929 | + | |
|---|
| 2930 | + | |
|---|
| 2931 | + | |
|---|
| 2932 | + | (8)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee. |
|---|
| 2933 | + | |
|---|
| 2934 | + | |
|---|
| 2935 | + | |
|---|
| 2936 | + | (9)If the recipient of services who applies for life or disability insurance designates in writing the insurer to which records or information may be disclosed. |
|---|
| 2937 | + | |
|---|
| 2938 | + | |
|---|
| 2939 | + | |
|---|
| 2940 | + | (10)To the attorney for the patient in any and all proceedings upon presentation of a release of information signed by the patient, except that when the patient is unable to sign the release, the staff of the facility, upon satisfying itself of the identity of the attorney, and of the fact that the attorney does represent the interests of the patient, may release all information and records relating to the patient, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family. |
|---|
| 2941 | + | |
|---|
| 2942 | + | |
|---|
| 2943 | + | |
|---|
| 2944 | + | (11)Upon written agreement by a person previously confined in or otherwise treated by a facility, the professional person in charge of the facility or the professional persons designee may release any information, except information that has been given in confidence by members of the persons family, requested by a probation officer charged with the evaluation of the person after the persons conviction of a crime if the professional person in charge of the facility determines that the information is relevant to the evaluation. The agreement shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this paragraph shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed. |
|---|
| 2945 | + | |
|---|
| 2946 | + | |
|---|
| 2947 | + | |
|---|
| 2948 | + | (12)(A)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the provision of child welfare services or the investigation, prevention, identification, management, or treatment of child abuse or neglect pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9. Information obtained pursuant to this paragraph shall not be used in any criminal or delinquency proceeding. This paragraph does not prohibit evidence identical to that contained within the records from being admissible in a criminal or delinquency proceeding, if the evidence is derived solely from means other than this paragraph, as permitted by law. |
|---|
| 2949 | + | |
|---|
| 2950 | + | |
|---|
| 2951 | + | |
|---|
| 2952 | + | (B)As used in this paragraph, child welfare services means those services that are directed at preventing child abuse or neglect. |
|---|
| 2953 | + | |
|---|
| 2954 | + | |
|---|
| 2955 | + | |
|---|
| 2956 | + | (13)To county patients rights advocates who have been given knowing voluntary authorization by a client or a guardian ad litem. The client or guardian ad litem, whoever entered into the agreement, may revoke the authorization at any time, either in writing or by oral declaration to an approved advocate. |
|---|
| 2957 | + | |
|---|
| 2958 | + | |
|---|
| 2959 | + | |
|---|
| 2960 | + | (14)To a committee established in compliance with Section 14725. |
|---|
| 2961 | + | |
|---|
| 2962 | + | |
|---|
| 2963 | + | |
|---|
| 2964 | + | (15)In providing information as described in Section 7325.5. This paragraph does not permit the release of any information other than that described in Section 7325.5. |
|---|
| 2965 | + | |
|---|
| 2966 | + | |
|---|
| 2967 | + | |
|---|
| 2968 | + | (16)To the county behavioral health director or the directors designee, or to a law enforcement officer, or to the person designated by a law enforcement agency, pursuant to Sections 5152.1 and 5250.1. |
|---|
| 2969 | + | |
|---|
| 2970 | + | |
|---|
| 2971 | + | |
|---|
| 2972 | + | (17)If the patient gives consent, information specifically pertaining to the existence of genetically handicapping conditions, as defined in Section 125135 of the Health and Safety Code, may be released to qualified professional persons for purposes of genetic counseling for blood relatives upon request of the blood relative. For purposes of this paragraph, qualified professional persons means those persons with the qualifications necessary to carry out the genetic counseling duties under this paragraph as determined by the genetic disease unit established in the State Department of Health Care Services under Section 125000 of the Health and Safety Code. If the patient does not respond or cannot respond to a request for permission to release information pursuant to this paragraph after reasonable attempts have been made over a two-week period to get a response, the information may be released upon request of the blood relative. |
|---|
| 2973 | + | |
|---|
| 2974 | + | |
|---|
| 2975 | + | |
|---|
| 2976 | + | (18)If the patient, in the opinion of the patients psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records specified in this section may be released to that person or persons and to law enforcement agencies and county child welfare agencies as the psychotherapist determines is needed for the protection of that person or persons. For purposes of this paragraph, psychotherapist has the same meaning as provided in Section 1010 of the Evidence Code. |
|---|
| 2977 | + | |
|---|
| 2978 | + | |
|---|
| 2979 | + | |
|---|
| 2980 | + | (19)(A)To the designated officer of an emergency response employee, and from that designated officer to an emergency response employee regarding possible exposure to HIV or AIDS, but only to the extent necessary to comply with the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201). |
|---|
| 2981 | + | |
|---|
| 2982 | + | |
|---|
| 2983 | + | |
|---|
| 2984 | + | (B)For purposes of this paragraph, designated officer and emergency response employee have the same meaning as these terms are used in the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201). |
|---|
| 2985 | + | |
|---|
| 2986 | + | |
|---|
| 2987 | + | |
|---|
| 2988 | + | (C)The designated officer shall be subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the designated officer shall inform the exposed emergency response employee that the employee is also subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV test results. |
|---|
| 2989 | + | |
|---|
| 2990 | + | |
|---|
| 2991 | + | |
|---|
| 2992 | + | (20)(A)To a law enforcement officer who personally lodges with a facility, as defined in subparagraph (B), a warrant of arrest or an abstract of a warrant showing that the person sought is wanted for a serious felony, as defined in Section 1192.7 of the Penal Code, or a violent felony, as defined in Section 667.5 of the Penal Code. The information sought and released shall be limited to whether or not the person named in the arrest warrant is presently confined in the facility. This subparagraph shall be implemented with minimum disruption to health facility operations and patients, in accordance with Section 5212. If the law enforcement officer is informed that the person named in the warrant is confined in the facility, the officer may not enter the facility to arrest the person without obtaining a valid search warrant or the permission of staff of the facility. |
|---|
| 2993 | + | |
|---|
| 2994 | + | |
|---|
| 2995 | + | |
|---|
| 2996 | + | (B)For purposes of subparagraph (A), a facility means all of the following: |
|---|
| 2997 | + | |
|---|
| 2998 | + | |
|---|
| 2999 | + | |
|---|
| 3000 | + | (i)A state hospital, as defined in Section 4001. |
|---|
| 3001 | + | |
|---|
| 3002 | + | |
|---|
| 3003 | + | |
|---|
| 3004 | + | (ii)A general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, solely with regard to information pertaining to a person with mental illness subject to this section. |
|---|
| 3005 | + | |
|---|
| 3006 | + | |
|---|
| 3007 | + | |
|---|
| 3008 | + | (iii)An acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code. |
|---|
| 3009 | + | |
|---|
| 3010 | + | |
|---|
| 3011 | + | |
|---|
| 3012 | + | (iv)A psychiatric health facility, as described in Section 1250.2 of the Health and Safety Code. |
|---|
| 3013 | + | |
|---|
| 3014 | + | |
|---|
| 3015 | + | |
|---|
| 3016 | + | (v)A mental health rehabilitation center, as described in Section 5675. |
|---|
| 3017 | + | |
|---|
| 3018 | + | |
|---|
| 3019 | + | |
|---|
| 3020 | + | (vi)A skilled nursing facility with a special treatment program for individuals with mental illness, as described in Sections 51335 and 72445 to 72475, inclusive, of Title 22 of the California Code of Regulations. |
|---|
| 3021 | + | |
|---|
| 3022 | + | |
|---|
| 3023 | + | |
|---|
| 3024 | + | (21)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to Section 15610.55. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused elder or dependent adult pursuant to Chapter 13 (commencing with Section 15750) of Part 3 of Division 9. |
|---|
| 3025 | + | |
|---|
| 3026 | + | |
|---|
| 3027 | + | |
|---|
| 3028 | + | (22)(A)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, all of the following information and records may be released: |
|---|
| 3029 | + | |
|---|
| 3030 | + | |
|---|
| 3031 | + | |
|---|
| 3032 | + | (i)All information and records that the appointing authority relied upon in issuing the notice of adverse action. |
|---|
| 3033 | + | |
|---|
| 3034 | + | |
|---|
| 3035 | + | |
|---|
| 3036 | + | (ii)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code. |
|---|
| 3037 | + | |
|---|
| 3038 | + | |
|---|
| 3039 | + | |
|---|
| 3040 | + | (iii)The information described in clauses (i) and (ii) may be released only if both of the following conditions are met: |
|---|
| 3041 | + | |
|---|
| 3042 | + | |
|---|
| 3043 | + | |
|---|
| 3044 | + | (I)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection, has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken. |
|---|
| 3045 | + | |
|---|
| 3046 | + | |
|---|
| 3047 | + | |
|---|
| 3048 | + | (II)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following: |
|---|
| 3049 | + | |
|---|
| 3050 | + | |
|---|
| 3051 | + | |
|---|
| 3052 | + | (ia)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided. |
|---|
| 3053 | + | |
|---|
| 3054 | + | |
|---|
| 3055 | + | |
|---|
| 3056 | + | (ib)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were submitted to the administrative tribunal as a component of an appeal from the adverse action. |
|---|
| 3057 | + | |
|---|
| 3058 | + | |
|---|
| 3059 | + | |
|---|
| 3060 | + | (ic)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity. |
|---|
| 3061 | + | |
|---|
| 3062 | + | |
|---|
| 3063 | + | |
|---|
| 3064 | + | (B)For purposes of this paragraph, the State Personnel Board may, before any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action. |
|---|
| 3065 | + | |
|---|
| 3066 | + | |
|---|
| 3067 | + | |
|---|
| 3068 | + | (C)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed. |
|---|
| 3069 | + | |
|---|
| 3070 | + | |
|---|
| 3071 | + | |
|---|
| 3072 | + | (D)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction. |
|---|
| 3073 | + | |
|---|
| 3074 | + | |
|---|
| 3075 | + | |
|---|
| 3076 | + | (E)For purposes of this paragraph, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law. |
|---|
| 3077 | + | |
|---|
| 3078 | + | |
|---|
| 3079 | + | |
|---|
| 3080 | + | (23)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726. |
|---|
| 3081 | + | |
|---|
| 3082 | + | |
|---|
| 3083 | + | |
|---|
| 3084 | + | (24)During the provision of emergency services and care, as defined in Section 1317.1 of the Health and Safety Code, the communication of patient information between a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, emergency medical personnel at the scene of an emergency or in an emergency medical transport vehicle, or other professional person or emergency medical personnel at a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. |
|---|
| 3085 | + | |
|---|
| 3086 | + | |
|---|
| 3087 | + | |
|---|
| 3088 | + | (25)To a business associate or for health care operations purposes, in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations. |
|---|
| 3089 | + | |
|---|
| 3090 | + | |
|---|
| 3091 | + | |
|---|
| 3092 | + | (26)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section. |
|---|
| 3093 | + | |
|---|
| 3094 | + | |
|---|
| 3095 | + | |
|---|
| 3096 | + | (b)The amendment of paragraph (4) of subdivision (a) enacted at the 1970 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law. |
|---|
| 3097 | + | |
|---|
| 3098 | + | |
|---|
| 3099 | + | |
|---|
| 3100 | + | (c)This section is not limited by Section 5150.05 or 5332. |
|---|
| 3101 | + | |
|---|
| 3102 | + | |
|---|
| 3103 | + | |
|---|
| 3104 | + | |
|---|
| 3105 | + | |
|---|
| 3106 | + | The Legislature hereby finds and declares all of the following: |
|---|
| 3107 | + | |
|---|
| 3108 | + | |
|---|
| 3109 | + | |
|---|
| 3110 | + | (a)In 1909, California passed the nations third eugenic sterilization law (Chapter 720 of the Statutes of 1909). Between 1909 and 1979, more than 20,000 Californians were sterilized, which made up more than one-third of the 60,000 persons sterilized nationwide in 32 states during that era and more than the amount of people sterilized in the next top four states combined. |
|---|
| 3111 | + | |
|---|
| 3112 | + | |
|---|
| 3113 | + | |
|---|
| 3114 | + | (b)Californias eugenics laws, which were revised in 1913 (Chapter 363 of the Statutes of 1913) and 1917 (Chapters 489 and 776 of the Statutes of 1917), authorized medical superintendents in state homes and state hospitals to perform asexualization on patients (vasectomies for men and salpingectomies for women) identified as afflicted with mental disease which may have been inherited and is likely to be transmitted to descendants, the various grades of feeblemindedness, those suffering from perversion or marked departures from normal mentality or from disease of a syphilitic nature. |
|---|
| 3115 | + | |
|---|
| 3116 | + | |
|---|
| 3117 | + | |
|---|
| 3118 | + | (c)California maintained 12 state homes and state hospitals that housed thousands of patients who were committed by the courts, family members, and medical authorities. Although many families, patients, and court officials signed consent forms for sterilization, that action would not meet todays criteria for consent because in some institutions sterilization was a precondition for release, and true voluntariness and autonomy were not possible in the context in which the consent forms were signed. |
|---|
| 3119 | + | |
|---|
| 3120 | + | |
|---|
| 3121 | + | |
|---|
| 3122 | + | (d)There was little to no oversight of Californias sterilization program, which was implemented during a time in United States history when many reformers believed that sterilization was an important instrument of public health protection that would reduce the number of defectives in society, result in cost savings for welfare programs, and only allow fit people to become parents. The authority granted both to state agencies and medical experts during this era meant that sterilization proceeded with little contestation or pushback from the health establishment or legal system. |
|---|
| 3123 | + | |
|---|
| 3124 | + | |
|---|
| 3125 | + | |
|---|
| 3126 | + | (e)While the law did not target specific racial or ethnic groups, in practice, labels of mental deficiency and feeblemindedness were applied disproportionately to racial and ethnic minorities, people with actual and perceived disabilities, poor people, and women. During the height of the program, between 1919 and 1952, women and girls were 14 percent more likely to be sterilized than men and boys. Male Latino patients were 23 percent more likely to be sterilized than non-Latino male patients, and female Latina patients were 59 percent more likely to be sterilized than non-Latina female patients. |
|---|
| 3127 | + | |
|---|
| 3128 | + | |
|---|
| 3129 | + | |
|---|
| 3130 | + | (f)Sterilizations pursuant to Californias eugenics laws persisted for 70 years. The laws were repealed in 1979. |
|---|
| 3131 | + | |
|---|
| 3132 | + | |
|---|
| 3133 | + | |
|---|
| 3134 | + | (g)On March 11, 2003, Governor Gray Davis apologized for Californias eugenic sterilization program. Attorney General Bill Lockyer issued an apology on the same day. |
|---|
| 3135 | + | |
|---|
| 3136 | + | |
|---|
| 3137 | + | |
|---|
| 3138 | + | (h)On June 30, 2003, the Senate of the State of California passed a resolution expressing profound regret over the states past role in the eugenics movement and the injustice done to thousands of California men and women, addressing past bigotry and intolerance against the persons with disabilities and others who were viewed as genetically unfit by the eugenics movement, recognizing that all individuals must honor human rights and treat others with respect regardless of race, ethnicity, religious belief, economic status, disability, or illness, and urging every citizen of the state to become familiar with the history of the eugenics movement, in the hope that a more educated and tolerant populace will reject any similar abhorrent pseudoscientific movement should it arise in the future. |
|---|
| 3139 | + | |
|---|
| 3140 | + | |
|---|
| 3141 | + | |
|---|
| 3142 | + | (i)The State of California recognizes that further involuntary and systematic sterilization abuse occurred during the following periods: |
|---|
| 3143 | + | |
|---|
| 3144 | + | |
|---|
| 3145 | + | |
|---|
| 3146 | + | (1)Between 1965 and 1975, at least 240 women who delivered babies at the LA County University of Southern California Medical Center were subjected to nonconsensual postpartum tubal ligations. These procedures were carried out overwhelmingly on Mexican-origin mothers who were not informed that they were being sterilized, were coerced into signing sterilization forms, or were misled into giving their signatures. |
|---|
| 3147 | + | |
|---|
| 3148 | + | |
|---|
| 3149 | + | |
|---|
| 3150 | + | (2)Between 2006 and 2010, at least 144 people imprisoned in Californias womens prisons were sterilized without proper authorization while giving birth. A state audit explicitly to review cases of sterilization during labor and delivery of people in Californias womens prisons during this period found that people had been sterilized without adherence to required protocol, including instances of deficiencies in the informed consent process. Significantly, the audit found that people sterilized included a disproportionate number of people of color and that there was an absence of use of interpreter assistance for imprisoned patients unable to speak or read in English. Additionally, the Senate Budget Committee heard testimony documenting further instances of coercive sterilization occurring in Californias womens prisons outside the limited scope of the audit. As a response, Senate Bill 1135 (Chapter 558 of the Statutes of 2014) was signed into law in 2014 to shine light on and reaffirm prohibition of sterilization for the purpose of birth control in county jails and state prison facilities, and to offer additional protections to imprisoned people surrounding sterilization in medically essential circumstances outside the scope of birth control. |
|---|
| 3151 | + | |
|---|
| 3152 | + | |
|---|
| 3153 | + | |
|---|
| 3154 | + | (j)The state has not issued an apology for the coerced sterilizations of people in womens prisons occurring after 1979, the date marking the formal abandonment of state eugenic policy. |
|---|
| 3155 | + | |
|---|
| 3156 | + | |
|---|
| 3157 | + | |
|---|
| 3158 | + | (k)It is unclear if many or all of the sterilized imprisoned people are aware that they were sterilized. |
|---|
| 3159 | + | |
|---|
| 3160 | + | |
|---|
| 3161 | + | |
|---|
| 3162 | + | (l)The Legislature has expressed its profound regret over the states role in the eugenics movement as the most aggressive eugenics sterilizer in the country. The Legislature also hereby expresses its profound regret over the states past role in coercive sterilizations of people in womens prisons and the injustice done to the people in those prisons and their families and communities. |
|---|
| 3163 | + | |
|---|
| 3164 | + | |
|---|
| 3165 | + | |
|---|
| 3166 | + | (m)Eugenics and coercive sterilizations were based on contemporary bigotry and intolerance against persons and communities targeted for imprisonment whose fundamental human right to family was devalued and disregarded. All individuals must honor human rights and treat others with respect regardless of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, gender, age, sexual orientation, gender identity, economic status, or imprisonment. |
|---|
| 3167 | + | |
|---|
| 3168 | + | |
|---|
| 3169 | + | |
|---|
| 3170 | + | (n)The Legislature urges every citizen of the state to become familiar with the history of eugenics, in the hope that a more educated and tolerant populace will reject any similar abhorrent pseudoscientific movement in the future. A failure to appreciate, remember, and recall the horrors of eugenics contributed to conditions under which coercive sterilizations could continue to occur in the context of Californias womens prisons through 2010. |
|---|
| 3171 | + | |
|---|
| 3172 | + | |
|---|
| 3173 | + | |
|---|
| 3174 | + | |
|---|
| 3175 | + | |
|---|
| 3176 | + | The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
|---|
| 3177 | + | |
|---|
| 3178 | + | |
|---|
| 3179 | + | |
|---|
| 3180 | + | |
|---|
| 3181 | + | |
|---|
| 3182 | + | 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. |
|---|
| 3183 | + | |
|---|
| 3184 | + | |
|---|
| 3185 | + | |
|---|
| 3186 | + | |
|---|
| 3187 | + | |
|---|
| 3188 | + | No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. |
|---|
| 3189 | + | |
|---|
| 3190 | + | |
|---|
| 3191 | + | |
|---|
| 3192 | + | |
|---|
| 3193 | + | |
|---|
| 3194 | + | The Legislature finds and declares that the fees and deposits waived and refunded pursuant to Section 2 of this act, which adds and repeals Section 19821.1 of the Business and Professions Code, serve the public purpose of protecting the solvency of businesses that were forced to close their doors or limit business due to the coronavirus disease 2019 (COVID-19) pandemic and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution. |
|---|
| 3195 | + | |
|---|
| 3196 | + | |
|---|
| 3197 | + | |
|---|
| 3198 | + | |
|---|
| 3199 | + | |
|---|
| 3200 | + | The Legislature finds and declares that the addition of Section 7902.2 to the Government Code, as provided in Section 8 of this act, relates solely to the determination of appropriations subject to the limit for the state, a city, a county, or a city and county pursuant to Article XIII B of the California Constitution. As added by this act, Section 7902.2 of the Government Code, commencing with the 202021 fiscal year, establishes the intent of the Legislature that funding allocated by the state to a city, county, or city and county from the Local Revenue Fund or Local Revenue Fund 2011 be considered proceeds of taxes for the recipient city, county, or city and county, subject to limitations prescribed in that section. Section 7902.2 of the Government Code, as added by this act, shall not be construed to alter or affect the legal character or status of money received by a city, county or city and county from the Local Revenue Fund or Local Revenue Fund 2011. |
|---|
| 3201 | + | |
|---|
| 3202 | + | |
|---|
| 3203 | + | |
|---|
| 3204 | + | |
|---|
| 3205 | + | |
|---|
| 3206 | + | The Legislature finds and declares that Section 10 of this act, which adds Section 11546.45 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: |
|---|
| 3207 | + | |
|---|
| 3208 | + | |
|---|
| 3209 | + | |
|---|
| 3210 | + | The state has a very strong interest in protecting its information technology systems from intrusion, because those systems contain confidential information and play a critical role in the performance of the duties of state government. Thus, information regarding the specific vulnerabilities of those systems must be protected to preclude use of that information to facilitate attacks on those systems. |
|---|
| 3211 | + | |
|---|
| 3212 | + | |
|---|
| 3213 | + | |
|---|
| 3214 | + | |
|---|
| 3215 | + | |
|---|
| 3216 | + | The Legislature finds and declares that Section 20 of this act, which adds Section 24216 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: |
|---|
| 3217 | + | |
|---|
| 3218 | + | |
|---|
| 3219 | + | |
|---|
| 3220 | + | This act strikes an appropriate balance between the publics right to access information and the need to protect personal information of survivors of state-sponsored sterilization conducted pursuant to eugenics laws that existed in the State of California between 1909 and 1979. |
|---|
| 3221 | + | |
|---|
| 3222 | + | |
|---|
| 3223 | + | |
|---|
| 3224 | + | |
|---|
| 3225 | + | |
|---|
| 3226 | + | This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately. |
|---|