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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. 138Introduced by Committee on Budget and Fiscal Review January 08, 2021An act to add Sections 19815.9, 20825.13, and 22944.6 to, and to repeal Section 22843.1 of, the Government Code, to add Chapter 4 (commencing with Section 2693) to Part 11 of Division 2 of the Labor Code, and to amend Sections 316, 1095, 1339, 2655, 2701, 14005, 14013, and 14017 of, to amend, repeal, and add Section 823 of, and to add Sections 340 and 14014 to, the Unemployment Insurance Code, relating to employment, 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 138, as amended, Committee on Budget and Fiscal Review. Employment: health care benefits: unemployment insurance: policies and practices. 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)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA requires the employing office of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employees family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. PEMHCA requires the employing office to obtain verifying information for certain family members, including children and stepchildren, at least once every 3 years.This bill would repeal those PEMHCA provisions and reenact revised provisions in existing law relating to general powers and responsibilities of the department. The bill would revise the specified verification schedule to require the employing office to obtain verifying documentation to substantiate continued eligibility at least once within a 3-year period from the initial enrollment for children and adopted children, and at least once every 3 years for stepchildren and domestic partner children. The bill would additionally require that the department consult with, but not be required to obtain the approval of, the Public Employees Retirement System prior to adopting related regulations. The bill would require these provisions to be interpreted in accordance with definitions in PEMHCA.(2)The Public Employees Retirement Law (PERL) creates the Public Employees Retirement System (PERS) for the purpose of providing pension and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees Retirement Fund, a continuously appropriated trust fund administered by the systems board of administration. PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the states contribution in the budget and quarterly appropriations to the Public Employees Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution.Existing law makes additional supplemental General Fund appropriations to the Public Employees Retirement Fund for the 202021, 202122, and 202223 fiscal years. Supplemental payments connected with appropriations for the 202122 and 202223 fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance.The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until fiscal year 202930, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans.This bill would appropriate $1,881,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the states appropriation to the Public Employees Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2021. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees Retirement Fund to be apportioned to specified state employee member categories, not to exceed $865,017,000 to the state miscellaneous member category, $50,499,000 to the state industrial member category, $112,346,000 to the state safety member category, and $853,138,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 202122 fiscal year.(3)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, prescribes methods for calculating the state employer contribution for employee health care and other postemployment benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care and other postemployment benefits, subject to certain conditions. PEMHCA suspends those employees monthly contributions for prefunding other postemployment benefits for the 202021 fiscal year.This bill, in addition to the appropriation required for state contributions to prefund retiree health care and other postemployment benefits, as described above, would appropriate $616,000,000 from the General Fund on behalf of employees for the 202021 employee prefunding contributions that were suspended. The bill would provide that this appropriation represents a portion of the amount identified in a specified provision of the Budget Act of 2021. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specified transfers, as described below.The bill would require the supplemental payment to the Annuitants Health Care Coverage Fund to be apportioned to specified state employee bargaining unit subaccounts, as directed by the Department of Finance. The bill would specifically provide for amounts to State Bargaining Unit subaccounts not to exceed the following: $251,000,000 for employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21; $11,000,000 for employees in State Bargaining Unit 2; $65,000,000 for employees in State Bargaining Unit 5; $115,000,000 for employees in State Bargaining Unit 6; $25,000,000 for employees in State Bargaining Unit 7; $23,000,000 for employees in State Bargaining Unit 8; $28,000,000 for employees in State Bargaining Unit 9; $9,000,000 for employees in State Bargaining Unit 10; $32,000,000 for employees in State Bargaining Unit 12; $3,000,000 for employees in State Bargaining Unit 13; $6,000,000 for employees in State Bargaining Unit 16; $17,000,000 for employees in State Bargaining Unit 18; $17,000,000 for employees in State Bargaining Unit 19; and $14,000,000 for specified employees who are not related to a State Bargaining Unit and are excepted from the general definition of state employee and officers or employees of the executive branch of state government who are not members of the civil service.The bill would require the appropriation, beginning July 1, 2021, to be applied to the employee contribution required to prefund retiree health and other postemployment benefits, as described above, that equates to the suspended contribution amount for the 202021 fiscal year. (4)Existing law requires every person engaged in the business of garment manufacturing, as defined, to register with the Labor Commissioner and to pay registration fees, as specified. Existing law makes garment manufacturers liable for payment of applicable minimum wage and overtime compensation to employees of their contractors. Existing law provides that employees may enforce this requirement by filing a claim with the Labor Commissioner for unpaid wages against the contractor and the manufacturer.This bill would, upon appropriation, establish the Garment Worker Wage Claim Pilot Program. The program would provide funding to the Department of Industrial Relations to contract with qualified organizations, as defined, for the purpose of providing educational services to garment workers regarding wage violations.(5)Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud. Existing law requires the director of the department to report the results of the first review to the Legislature on or before July 1, 2015, and authorizes the submission of subsequent reports. This bill would require the department to provide specified committees of the Legislature with a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, and to provide a report to those committees with an update on its progress on performing this assessment by July 1, 2022. The bill would require the department, on or before January 1, 2023, and annually thereafter, to analyze and assess the effectiveness of its fraud prevention and detection tools and to submit this analysis and assessment to those committees, and would provide that some information may be excluded or redacted from that report. 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.(6)Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits.Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the department. Unemployment compensation benefits are paid from the Unemployment Fund, and the expenses for administering these provisions are paid from the Unemployment Administration Fund, which is continuously appropriated for these purposes. Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.Existing law requires all standard information employee pamphlets provided by the department concerning unemployment and disability insurance programs to be printed in English and the 7 other most commonly used languages among participants in each program. Existing law also requires the department to make the pages on its internet website that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 7 languages, other than English, most commonly used by unemployment insurance applicants and claimants. This bill would require all standard information employee pamphlets concerning unemployment and disability insurance programs to be printed in English and the primary languages, defined as the top 7 non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau. The bill would delete the requirement to make specified pages on the departments internet website available in the 7 languages other than English, as described above, and would instead require the department, by February 1, 2024, to establish and host a primary language multilingual access portal for unemployment insurance, as specified. The bill would also require the department, by April 1, 2024, to translate the UI Online interface in the primary languages.This bill would require the department, by January 1, 2022, to provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff. If the department staff cannot obtain interpretation in the individuals language and linguistic variant in real time after good faith efforts to acquire language services, the bill would require the department to provide the individual with a return telephone or relay call in the individuals language within a reasonable timeframe. The bill would require the department, by March 1, 2022, to engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, as specified, and to employ a multilingual access coordinator and multilingual access unit to coordinate the departments multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services. The bill would require that, by June 1, 2022, each application for unemployment insurance contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individuals claims record. The bill would require the department, by December 1, 2022, to, among other things, provide dedicated phones lines for unemployment insurance claims in the primary languages and to translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages, as defined. The bill would prohibit the provision of unemployment insurance language services from causing an undue delay in receipt of services or benefits. If the departments provision of language services unduly delays an individuals receipt of services or benefits, the bill would require the individuals time to meet the departments deadlines to be extended for the period of time necessary to receive the language services.This bill would require the department to engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services and to annually report this data to the legislative budget committees. Specifically, the bill would require the department, by July 1, 2022, to report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs. The bill would define related terms, and would include related legislative findings.Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund, and the Unemployment Compensation Disability Fund, for new purposes, the bill would make an appropriation. (7)Existing law provides for the financing of unemployment insurance for public school employees. Under existing law, public school employers may elect to budget and remit to the Treasurer moneys for deposit in the School Employees Fund, a continuously appropriated fund, for the purpose of payment by each school employer of unemployment compensation benefits and other expenses of unemployment insurance for school employees. The amount of remitted moneys is determined by multiplying a contribution rate for the fiscal year by total wages, as specified. Existing law, except as specified, requires the contribution rate to generate revenue equal to twice the amount of benefits disbursed during the prior calendar year, less the fund balance at the end of the prior calendar year, and divided by total wages, as prescribed.This bill, for the fiscal year beginning July 1, 2021, and for the subsequent fiscal year, would establish the contribution rate at 0.5%. (8)Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of the directors duties and is not open to the public. Existing law permits the use of the information for specified purposes, including to enable the California Workforce Development Board and other entities to access any relevant quarterly wage data necessary for the evaluation and reporting of specified workforce program performance outcomes. Existing law makes it a crime for any person to knowingly access, use, or disclose this confidential information without authorization.This bill would add the Department of Fair Employment and Housing to the list of entities permitted to use information obtained in the administration of the Unemployment Insurance Code, and would authorize the department to use the information to carry out its duties, including ensuring compliance with specified pay data reporting requirements. This bill would provide that conduct related to information disclosed pursuant to its provisions shall not be subject to the criminal sanctions.(9)Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. Existing law provides that for periods of disability commencing on and after January 1, 2018, but before January 1, 2022, an individuals weekly benefit amount would be $50 if the individuals wages during the quarter of the individuals disability base period in which those wages were highest was less than $929, but if the individuals wages for the same period was $929 or more, and was less than 13 of the amount of the state average quarterly wage, then 70% of the amount of wages paid to the individual for employment during the quarter of the individuals disability base period in which these wages were highest, divided by 13, is the amount of the benefit. Under existing law, for periods of disability commencing on and after January 1, 2022, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest exceeds $1,749.20, the weekly benefit amount is 55% of those wages divided by 13. Under existing law, for both calculations, a benefit that is not a multiple of $1 shall be computed to the next higher multiple of $1, and the amount of the benefit is prohibited from exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount.This bill would extend the January 1, 2022, date for both those calculations to January 1, 2023. Because the bill would continue to allow an increased payment from the Unemployment Compensation Disability Fund, a continuously appropriated fund, this bill would make an appropriation. (10)Existing law authorizes the Employment Development Department to administer the state unemployment insurance compensation program and the disability insurance compensation program, which includes family temporary disability insurance benefits. Existing law requires the department, among other duties, to make unemployment and disability compensation payments, as prescribed by the Director of Employment Development. Existing law requires unemployment insurance compensation benefits that are directly deposited to an account of the recipients choice to be deposited to a qualifying account, as defined. This bill would require the Employment Development Department, beginning January 1, 2024, to provide a person entitled to receive benefits under the state unemployment insurance compensation program or the disability insurance compensation program the option to receive payments directly deposited by electronic fund transfer into a qualifying account of the recipients choice, in addition to other alternative disbursement payment methods such as debit cards and checks. (11)Existing law, the California Workforce Innovation and Opportunity Act, establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of Californias workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. The act requires the board to assist the Governor in developing a state plan for workforce development. That act prescribes specific tasks with which the board assists the Governor, including the development of strategies for creating career pathways for individuals through workforce investment activities, education, and supportive services to enter or retain employment, improving access to services provided by the workforce development system, and meeting the needs of employers and workers by creating industry or sector partnerships related to in-demand industry sectors and occupations, as specified. The act defines terms for its purposes.This bill would require that the board assist the Governor in furthering economic development that results in improved workforce education and fair compensation and treatment. The bill would require that the state plan take into account economic trends that impact the labor market, including climate change, among other things. The bill would provide that, in addition to assisting with strategies and planning, the board shall assist the Governor in developing, implementing, administering, promoting, and providing field assistance for, programs that create supportive services to enter or retain high quality employment, and meet the needs of employers and workers through industry or sector partnerships, that have significant economic impacts on the state and its development, including the states transition to a carbon neutral economy.The bill would require the board to assist the Governor in developing standards, procedures, and criteria for defining high road employers, high road jobs, high road workforce development, and high road training partnerships in California, as specified, pursuant to the development of high road workforce programs. The bill would require the board to assist the Governor in expanding, promoting, administering, and providing field assistance for, high road training partnerships and high road construction careers. The bill would define terms for these purposes.The bill would require the board to collect data and report on program outcomes. Pursuant to this requirement, the bill would require the Employment Development Department to share any and all wage and employment data necessary for the board to evaluate its programs and grants. The bill would also require program participants to provide date to the board to facilitate public transparency, accountability, and grant and program performance evaluation. The bill would set criteria for the boards evaluation, as specified.The bill would require the board, after receiving and administering funding for high road workforce programs, to report back to the Legislature by October 1 of even numbered years with whatever information is available. The bill would require final evaluation reports to be provided to the Legislature not less than 18 months after available labor market outcome data is available.(12)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: NO 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.Section 19815.9 is added to the Government Code, to read:19815.9.(a)Pursuant to standards established by the department, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employees or annuitants family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitants official personnel or member file.(b)The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows:(1)At least once within a three-year period from the initial enrollment for birth and adopted children.(2)At least once every three years for the following family members:(A)Spouses.(B)Domestic partners.(C)Stepchildren and domestic partner children.(3)At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship.(c)For purposes of this section, the Public Employees Retirement System is the employing office of a state annuitant.(d)The department shall consult with, but shall not be required to obtain the approval of, the Public Employees Retirement System prior to adopting any regulations pursuant to this section.(e)This section shall be interpreted in accordance with the definitions provided in Article 2 (commencing with Section 22760) of Chapter 1 of Part 5.SEC. 2.Section 20825.13 is added to the Government Code, to read:20825.13.(a)(1) In addition to the appropriation required pursuant to Section 20825, the Legislature hereby appropriates one billion eight hundred eighty-one million dollars ($1,881,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the states appropriation to the Public Employees Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b).(2)The supplemental appropriation to the Public Employees Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts:(A)Eight hundred sixty-five million seventeen thousand dollars ($865,017,000) to the state miscellaneous member category.(B)Fifty million four hundred ninety-nine thousand dollars ($50,499,000) to the state industrial member category.(C)One hundred twelve million three hundred forty-six thousand dollars ($112,346,000) to the state safety member category.(D)Eight hundred fifty three million one hundred thirty-eight thousand dollars ($853,138,000) to the state peace officer/firefighter member category.(b)The appropriation made pursuant to paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 202122 fiscal year. SEC. 3.Section 22843.1 of the Government Code is repealed.SEC. 4.Section 22944.6 is added to the Government Code, to read:22944.6.(a)(1) In addition to the appropriation required for state contributions to prefund retiree health care and other postemployment benefits pursuant to Section 22944.5, the Legislature hereby appropriates six hundred sixteen million dollars ($616,000,000) from the General Fund on behalf of employees for the 202021 employee prefunding contributions that were suspended. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b).(2)The supplemental payment to the Annuitants Health Care Coverage Fund described in paragraph (1) shall be apportioned to the following state employee bargaining unit subaccounts, as directed by the Department of Finance, not to exceed the following amounts:(A)Two hundred fifty-one million dollars ($251,000,000) to the subaccount for employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21.(B)Eleven million dollars ($11,000,000) to the subaccount for employees in State Bargaining Unit 2.(C)Sixty-five million dollars ($65,000,000) to the subaccount for employees in State Bargaining Unit 5.(D)One hundred fifteen million dollars ($115,000,000) to the subaccount for employees in State Bargaining Unit 6.(E)Twenty-five million dollars ($25,000,000) to the subaccount for employees in State Bargaining Unit 7.(F)Twenty-three million dollars ($23,000,000) to the subaccount for employees in State Bargaining Unit 8.(G)Twenty-eight million dollars ($28,000,000) to the subaccount for employees in State Bargaining Unit 9.(H)Nine million dollars ($9,000,000) to the subaccount for employees in State Bargaining Unit 10.(I)Thirty-two million dollars ($32,000,000) to the subaccount for employees in State Bargaining Unit 12.(J)Three million dollars ($3,000,000) to the subaccount for employees in State Bargaining Unit 13.(K)Six million dollars ($6,000,000) to the subaccount for employees in State Bargaining Unit 16.(L)Seventeen million dollars ($17,000,000) to the subaccount for employees in State Bargaining Unit 18.(M)Seventeen million dollars ($17,000,000) to the subaccount for employees in State Bargaining Unit 19.(N)Fourteen million dollars ($14,000,000) to the subaccount for employees described in paragraph (1) of subdivision (g) of Section 22944.5 of the Government Code.(b)Beginning July 1, 2021, the appropriation made in paragraph (1) of subdivision (a) shall be applied to the employee contribution required to prefund retiree health care and other postemployment benefits described in paragraph (2) of subdivision (a) that equates to the suspended contribution amount for the 202021 fiscal year. SEC. 5.Chapter 4 (commencing with Section 2693) is added to Part 11 of Division 2 of the Labor Code, to read:4.Garment worker wage claim pilot program2693.The Legislature finds and declares that the garment industry is rife with both egregious wage violations and flagrant health and safety violations, both of which have been allowed to proliferate in the pandemic, leading to the deaths of dozens of garment workers. However, not all workers who experience these violations have access to advocates in order to vindicate their rights, due to the limited capacity of legal aid and community-based organizations.2693.1.(a)Upon appropriation by the Legislature, the Department of Industrial Relations shall establish and maintain a Garment Worker Wage Claim Pilot Program. The Department shall contract to provide resources to qualified organizations. The funds shall be used to increase the capacity and expertise of qualified organizations to improve the education of wage violations to garment workers and the securing of wage claims for garment workers who bring forward a wage claim pursuant to Section 2673.1. The program shall include, but not be limited to, all of the following:(1)Education for garment workers including, but not limited to, minimum wage, overtime, sick leave, recordkeeping, wage adjudication, and retaliation.(2)Direct assistance by a worker advocate to assist workers who seek to file a wage claim.(3)Legal assistance to garment workers who seek to file a wage claim.(b)All education and services provided in this section shall be at free and accessible to any garment worker in the State of California.(c)For the purposes of this chapter, qualified organization means a legal aid or community-based nonprofit organization that has a minimum of five years experience working with garment workers, advocating on behalf of garment workers, and a successful record of winning wage claims on behalf of garment workers that have been filed with the Division of Labor Standards Enforcement.SEC. 6.Section 316 of the Unemployment Insurance Code is amended to read:316.(a)For purposes of this section, the following definitions shall apply:(1)Additional languages means the top 8 to 15 non-English and nonprimary languages used by limited English proficient adults in California according to the most recent American Community Survey by the United States Census Bureau.(A)Whether referring to written or spoken languages, the eight additional languages in 2021 are Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer (Cambodian), and Thai.(B)The department shall thereafter review, evaluate, and update the list of additional languages at least every three years. In determining how many languages to include in the definition of additional languages, the department may consider various data sources, including, but not limited to, the United States Census Bureau, including the American Community Survey, other state and local government agencies, feedback from community-based organizations, and the departments own data tracking measures.(2)Limited English proficient means individuals who do not speak English as their primary language and who have a limited ability to read, write, understand, or speak English.(3)Linguistic variant means a distinct form of a language used by people from a specific country or region.(4)Multilingual access portal means the section of the departments website that synthesizes critical website content and features all translated vital unemployment insurance documents.(5)Primary languages means the top seven non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau.(A)When referring to written languages, the top seven languages are Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian.(B)When referring to spoken languages, the top seven languages are Spanish, Cantonese, Mandarin, Vietnamese, Tagalog, Korean, and Armenian.(6)Vital information means information, whether written, oral, or electronic, that is necessary for an individual to understand how to obtain any aid, benefit, service, or training or is required by law.(b)There shall be maintained within an appropriate division of the department, a bureau, section, or unit relating to education and public instruction for the purpose of informing employers and workers of their rights and responsibilities under this code, and of instructing the public generally concerning its basic purposes, provisions, and operations. All standard information employee pamphlets concerning unemployment and disability insurance programs shall be printed in English and the primary languages.(c)Commencing no later than June 1, 2022, each application for unemployment insurance shall contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individuals claims record.(d)Commencing no later than January 1, 2022, the department shall provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff.(1)If the department staff cannot obtain interpretation in the individuals language and linguistic variant in real time after good faith efforts to acquire language services, the department shall provide the individual with a return telephone or relay call in the individuals language within a reasonable timeframe.(2)Upon the individuals request, a qualified interpreter shall read the departments documents and notices aloud in the individuals preferred language within a reasonable timeframe.(e)(1)Commencing no later than December 1, 2022, the department shall do all of the following:(A)Provide dedicated phone lines for unemployment insurance claims in the primary languages in an effort to provide consistent wait times across all phone lines and collect and review data on phone usage by limited English proficient individuals.(B)Translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages.(C)If the individuals language is not among the primary or additional languages, then upon the individuals request, provide the individual with translation or oral or signed interpretation of documents in their preferred language.(2)All vital documents described in this subdivision shall be available on the department website.(f)The department shall translate the UI Online interface in the primary languages. The department shall make the translated UI Online interface available upon completion of the translation of each primary language, ending no later than April 1, 2024.(g)The department shall establish and host a primary language multilingual access portal for unemployment insurance. The department shall make the content available upon completion of the translation of each primary language, ending no later than February 1, 2024.(h)Before the completion of the multilingual access portal described in subdivision (g), the department shall display both of the following on its internet website organized and translated by language:(1)Available translated notices and other vital documents.(2)The appropriate department phone number or phone numbers for individuals to contact when seeking multilingual unemployment insurance services in their preferred written or spoken language.(i)Commencing no later than March 1, 2022, the department shall do all of the following:(1)Engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, including, but not limited to, all of the following activities:(A)Conduct targeted outreach to limited English proficient communities to solicit advice on policies and practices affecting individuals who are eligible for the departments services and benefits.(B)Market and promote its programs and services in the primary languages to the general public and limited English proficient communities.(C)Establish a grant program lasting at least two years to provide funding for community-based organizations to provide outreach and education to limited English proficient communities.(2)Employ a multilingual access coordinator and multilingual access unit to coordinate the departments multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services.(j)The department shall engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services. The department shall annually report this data to the legislative budget committees.(k)The provision of unemployment insurance language services shall not cause an undue delay in receipt of services or benefits. If the departments provision of language services unduly delays an individuals receipt of services or benefits, the individuals time to meet the departments deadlines shall be extended for the period of time necessary to receive the language services.(l)No later than July 1, 2022, the department shall report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs.(m)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.SEC. 7.Section 340 is added to the Unemployment Insurance Code, to read:340.(a)(1)The department shall provide a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee.(2)The department shall provide a report with an update on its progress on performing the assessment that the plan identified pursuant to paragraph (1) by July 1, 2022, to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee.(b)On or before January 1, 2023, and annually thereafter, the department shall analyze and assess the effectiveness of its fraud prevention and detection tools and shall submit this analysis and assessment to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee. Details on fraud methods and tools may be generalized, excluded, or redacted to protect the fraud deterrence practices of the department.(c)The plan, assessments, and reports required by this section shall be provided consistent with the requirements of Section 9795 of the Government Code.SEC. 8.Section 823 of the Unemployment Insurance Code is amended to read:823.(a)For the purpose of payment by each school employer of all or part of the charges for unemployment compensation benefits, fees, assessments, interest, penalties, billings, notices, and other expenses of unemployment insurance for school employees pursuant to this part, moneys budgeted pursuant to subdivisions (b) and (c) shall be remitted by the school employer or on the school employers behalf by the county auditor to the Treasurer pursuant to this article, and shall be deposited in the School Employees Fund.(b)(1)For each fiscal year, except as provided in subdivision (c), each school employer shall budget and remit on or before the last day of the calendar month following the close of each calendar quarter to the Treasurer for deposit in the School Employees Fund in the State Treasury an amount determined by multiplying the contribution rate for the fiscal year by the total wages, including taxable wages as well as wages which would be taxable except for the limitation on taxable wages provided under Section 930, but excluding, to the extent permitted by federal law, wages paid to any individual to the extent that federal law provides for reimbursement to the State of California for all benefits paid from the Unemployment Fund to the individual based on the wages.The administrator shall, not later than March 31 each year, notify all school employers participating in the School Employees Fund of the contribution rate for the succeeding fiscal year.(2)The contribution rate for the fiscal year beginning July 1, 1988, and for each subsequent fiscal year shall be two times the amount disbursed for claims management fees, unemployment insurance benefit charges, and School Employees Fund administrative expenditures from the School Employees Fund during the 12-month period ending December 31 and immediately preceding the fiscal year for which the rate is to be effective, less the amount in the School Employees Fund on that December 31, with the resulting figure divided by total wages as described in paragraph (1) for the 12-month period ending June 30 and immediately preceding that December 31, and then rounded to the nearest one-hundredth of 1 percent. In no event shall the contribution rate be less than five one-hundredths of 1 percent.(3)Notwithstanding paragraph (2), the contribution rate for the fiscal year beginning July 1, 2021, and for the subsequent fiscal year beginning July 1, 2022, shall be five-tenths of 1 percent.(c)If the administrator finds that the ability of the School Employees Fund to meet its estimated obligations promptly when due will become endangered, the administrator shall increase the contribution rate otherwise provided by this section to a level estimated to be needed to protect the solvency of the fund, except that the rate shall not be increased to more than three-tenths of 1 percent. If the administrator finds that the School Employees Fund balance is in excess of an adequate reserve to meet its estimated obligations promptly when due, the administrator shall, after consultation with the funds School Advisory Committee, decrease the contribution rate otherwise provided by this section, except that the rate shall not be decreased to less than one-tenth of 1 percent. The administrator shall notify all school employers participating in the fund of any increased or decreased contribution rate under this authority.(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 9.Section 823 is added to the Unemployment Insurance Code, to read:823.(a)For the purpose of payment by each school employer of all or part of the charges for unemployment compensation benefits, fees, assessments, interest, penalties, billings, notices, and other expenses of unemployment insurance for school employees pursuant to this part, moneys budgeted pursuant to subdivisions (b) and (c) shall be remitted by the school employer or on the school employers behalf by the county auditor to the Treasurer pursuant to this article, and shall be deposited in the School Employees Fund.(b)(1) For each fiscal year, except as provided in subdivision (c), each school employer shall budget and remit on or before the last day of the calendar month following the close of each calendar quarter to the Treasurer for deposit in the School Employees Fund in the State Treasury an amount determined by multiplying the contribution rate for the fiscal year by the total wages, including taxable wages as well as wages which would be taxable except for the limitation on taxable wages provided under Section 930, but excluding, to the extent permitted by federal law, wages paid to any individual to the extent that federal law provides for reimbursement to the State of California for all benefits paid from the Unemployment Fund to the individual based on the wages.The administrator shall, not later than March 31 each year, notify all school employers participating in the School Employees Fund of the contribution rate for the succeeding fiscal year.(2)The contribution rate for the fiscal year beginning July 1, 1988, and for each subsequent fiscal year shall be two times the amount disbursed for claims management fees, unemployment insurance benefit charges, and School Employees Fund administrative expenditures from the School Employees Fund during the 12-month period ending December 31 and immediately preceding the fiscal year for which the rate is to be effective, less the amount in the School Employees Fund on that December 31, with the resulting figure divided by total wages as described in paragraph (1) for the 12-month period ending June 30 and immediately preceding that December 31, and then rounded to the nearest one-hundredth of 1 percent. In no event shall the contribution rate be less than five one-hundredths of 1 percent.(c)If the administrator finds that the ability of the School Employees Fund to meet its estimated obligations promptly when due will become endangered, the administrator shall increase the contribution rate otherwise provided by this section to a level estimated to be needed to protect the solvency of the fund, except that the rate shall not be increased to more than three-tenths of 1 percent. If the administrator finds that the School Employees Fund balance is in excess of an adequate reserve to meet its estimated obligations promptly when due, the administrator shall, after consultation with the funds School Advisory Committee, decrease the contribution rate otherwise provided by this section, except that the rate shall not be decreased to less than one-tenth of 1 percent. The administrator shall notify all school employers participating in the fund of any increased or decreased contribution rate under this authority.(d)This section shall become operative on January 1, 2024.SEC. 10.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 under 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 of consumers served by that department for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness 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 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 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.SEC. 11.Section 1339 of the Unemployment Insurance Code is amended to read:1339.(a)(1)The department shall pay unemployment compensation benefits through public employment offices or such other agency as may be prescribed by authorized regulations of the director.(2)Beginning January 1, 2024, the department shall provide a person entitled to receive unemployment compensation benefits the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in subdivision (a) of Section 1339.1, of the recipients choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. (b)Each check or certification (pay order) issued in payment of unemployment insurance compensation benefits shall have prominently imprinted upon it: State unemployment insurance benefits under the California Unemployment Insurance Code are paid for by employers.SEC. 12.Section 2655 of the Unemployment Insurance Code is amended to read:2655.(a)Except as provided in subdivisions (b), (c), (d), (e), and (f), an individuals weekly benefit amount shall be the amount appearing in column B in the table set forth in this subdivision on the line of which in column A of the table there appears the wage bracket containing the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which wages were the highest.AAmount of wages inhighest quarterBWeekly benefitamount $751,149.99$501,1501,174.99511,1751,199.99521,2001,224.99531,2251,249.99541,2501,274.99551,2751,299.99561,3001,324.99571,3251,349.99581,3501,374.99591,3751,399.99601,4001,424.99611,4251,449.99621,4501,474.99631,4751,499.99641,5001,524.99651,5251,549.99661,5501,574.99671,5751,599.99681,6001,624.99691,6251,649.99701,6501,674.99711,6751,699.99721,7001,724.99731,7251,749.2074(b)For periods of disability commencing on or after January 1, 1990, and prior to January 1, 1991, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding two hundred sixty-six dollars ($266) or the maximum workers compensation temporary disability indemnity weekly benefit amount, whichever is less. If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(c)For periods of disability commencing on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding three hundred thirty-six dollars ($336). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(d)(1)For periods of disability commencing on or after January 1, 2000, but before January 1, 2018, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount.(2)Notwithstanding the maximum workers compensation temporary disability indemnity weekly benefit amount of paragraph (1), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(e)For periods of disability commencing on and after January 1, 2018, but before January 1, 2023, an individuals weekly benefit amount shall be as follows:(1)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than nine hundred twenty-nine dollars ($929), then fifty dollars ($50).(2)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is nine hundred twenty-nine dollars ($929) or more, and is less than one-third of the amount of the state average quarterly wage, then 70 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(3)Except as provided in paragraph (4), when the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is one-third of the amount of the state average quarterly wage, or more, then either (A) 23.3 percent of the state average weekly wage or (B) 60 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest divided by 13, whichever amount is greater. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(4)An individuals weekly benefit amount shall not exceed the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.(f)(1)For periods of disability commencing on or after January 1, 2023, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.(2)Notwithstanding the maximum workers compensation temporary disability indemnity weekly benefit amount of paragraph (1) of subdivision (d), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(g)For purposes of this section:(1)State average quarterly wage means the state average weekly wage multiplied by 13.(2)State average weekly wage means the average weekly wage paid by employers to employees covered by unemployment insurance as reported by the United States Department of Labor for California for the 12 months ending on March 31 of the calendar year preceding the year in which the disability occurred.SEC. 13.Section 2701 of the Unemployment Insurance Code is amended to read:2701.(a)Disability benefits shall be paid by the department through public employment offices or other agencies approved by the director.(b)Beginning January 1, 2024, the department shall provide a person entitled to receive disability benefits and family temporary disability insurance benefits under Chapter 7 (commencing with Section 3300) the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in subdivision (a) of Section 1339.1, of the recipients choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. SEC. 14.Section 14005 of the Unemployment Insurance Code is amended to read:14005.For purposes of this division:(a)Board means the California Workforce Development Board.(b)Agency means the Labor and Workforce Development Agency.(c)Career pathways, career ladders, or career lattices are an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time. Career pathways, career ladders, and career lattices offer combined programs of rigorous and high-quality education, training, and other services that do all of the following:(1)Align with the skill needs of industries in the economy of the state or regional economy involved.(2)Prepare an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the National Apprenticeship Act of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of Title 29 of the United States Code.(3)Include counseling to support an individual in achieving the individuals education and career goals.(4)Include, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster.(5)Organize education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable.(6)Enable an individual to attain a secondary school diploma or its recognized equivalent, and at least one recognized postsecondary credential.(7)Help an individual enter or advance within a specific occupation or occupational cluster.(d)Cluster-based sector strategies mean methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area.(e)Data driven means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets.(f)Economic security means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the workers community, and other factors that may vary by region.(g)Evidence-based means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence.(h)High-priority occupations mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand, or projected to be in demand, by employers, and pay or lead to payment of a wage that provides economic security.(i)(1)In-demand industry sector or occupation means either of the following:(A)An industry sector that has a substantial current or potential impact, including through jobs that lead to economic self-sufficiency and opportunities for advancement, on the state, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors.(B)An occupation that currently has or is projected to have a number of positions, including positions that lead to economic self-sufficiency and opportunities for advancement, in an industry sector so as to have a significant impact on the state, regional, or local economy, as appropriate.(2)The determination of whether an industry sector or occupation is in-demand under this subdivision shall be made by the board or local board, or through the regional planning process in which local boards participate under the Workforce Innovation and Opportunity Act, as appropriate, using state and regional business and labor market projections, including the use of labor market information.(j)Individual with employment barriers means an individual with any characteristic that substantially limits an individuals ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency, including members of all of the following groups:(1)Displaced homemakers.(2)Low-income individuals.(3)Indians, Alaska Natives, and Native Hawaiians, as those terms are defined in Section 3221 of Title 29 of the United States Code.(4)Individuals with disabilities, including youths who are individuals with disabilities.(5)Older individuals.(6)Ex-offenders.(7)Homeless individuals, as defined in Section 14043e-2(6) of Title 42 of the United States Code, or homeless children and youths, as defined in Section 11434a(2) of Title 42 of the United States Code.(8)Youth who are in, or have aged out of, the foster care system.(9)Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers.(10)Eligible migrant and seasonal farmworkers, as defined in Section 3322(i) of Title 29 of the United States Code.(11)Individuals within two years of exhausting lifetime eligibility under Part A of Title IV of the Social Security Act (42 U.S.C. Sec. 601 et seq.).(12)Single parents, including single, pregnant women.(13)Long-term unemployed individuals.(14)Transgender and gender nonconforming individuals.(15)Any other groups as the Governor determines to have barriers to employment.(k)Industry cluster means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market.(l)Industry or sector partnership means a workforce collaborative, convened or acting in partnership with the board or a local board, that does the following:(1)Organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stages of development of the partnership:(A)Representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable.(B)One or more representatives of a recognized state labor organization or central labor council, or another labor representative, as appropriate.(C)One or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster.(2)The workforce collaborative may include representatives of any of the following:(A)State or local government.(B)State or local economic development agencies.(C)State boards or local boards, as appropriate.(D)A state workforce agency or entity providing employment services.(E)Other state or local agencies.(F)Business or trade associations.(G)Economic development organizations.(H)Nonprofit organizations, community-based organizations, or intermediaries.(I)Philanthropic associations.(J)Industry associations.(K)Other organizations, as determined to be necessary by the members comprising the industry sector or partnership.(m)Industry sector means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market.(n)Local labor federation means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council of California.(o)Sector strategies means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics:(1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security.(2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations.(3)May be implemented using articulated career pathways or lattices and a system of stackable credentials.(4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans.(5)Frequently are implemented using industry or sector partnerships.(6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions.(p)Workforce Innovation and Opportunity Act of 2014 means the federal act enacted as Public Law 113-128.(q)(1)Earn and learn includes, but is not limited to, a program that does either of the following:(A)Combines applied learning in a workplace setting with compensation allowing workers or students to gain work experience and secure a wage as they develop skills and competencies directly relevant to the occupation or career for which they are preparing.(B)Brings together classroom instruction with on-the-job training to combine both formal instruction and actual paid work experience.(2)Earn and learn programs include, but are not limited to, all of the following:(A)Apprenticeships.(B)Preapprenticeships.(C)Incumbent worker training.(D)Transitional and subsidized employment, particularly for individuals with barriers to employment.(E)Paid internships and externships.(F)Project-based compensated learning.(r)High road means a set of economic and workforce development strategies to achieve economic growth, economic equity, shared prosperity and a clean environment. The strategies include, but are not limited to, interventions that:(1)Improve job quality and job access, including for women and people from underserved and underrepresented populations.(2)Meet the skill and profitability needs of employers.(3)Meet the economic, social, and environmental needs of the community.(s)High road training partnership means an initiative or project that models strategies for developing industry-based, worker-focused training partnerships, including labor-management partnerships. High Road Training partnerships operate via regional, industry- or sector-based training partnerships comprised of employers, workers, and their representatives including organized labor, community-based organizations, education, training, and social services providers, and labor market intermediaries. High Road Training partnerships demonstrate job quality standards and employment practices that include, but are not limited to, the following:(1)Provision of comparatively good wages and benefits, relative to the industry, occupation, and labor market in which participating workers are employed.(2)Payment of workers at or above local or regional living wage standards as well as payment at or above regional prevailing wage standards where such standards exist for the occupations in question.(3)A history of investment in employee training, growth, and development.(4)Provision of opportunities for career advancement and wage growth.(5)Safe and healthy working conditions.(6)Consistent compliance with workplace laws and regulations, including proactive efforts to remedy past problems.(7)Adoption of mechanisms to include worker voice and agency in the workplace.(t)High road construction careers are high road training partnerships that invest in regional training partnerships comprised of local building trades councils, workforce, community, and education interests that connect to state-approved apprenticeship programs, that utilize the standard Multi-Craft Core preapprenticeship training curriculum and provide a range of supportive services and career placement assistance to women and people from underserved and underrepresented populations.(u)Career advancement means demonstrated progression along a career ladder as evidenced by both wage growth and occupational advancement.SEC. 15.Section 14013 of the Unemployment Insurance Code is amended to read:14013.The board shall assist the Governor in the following:(a)Promoting the development of a well-educated and highly skilled 21st century workforce, and the development of a high road economy that offers an educated and skilled workforce with fair compensation and treatment in the workplace.(b)Developing, implementing, and modifying the State Plan. The State Plan shall serve as the comprehensive framework and coordinated plan for the aligned investment of all federal and state workforce training and employment services funding streams and programs. To the extent feasible and when appropriate, the State Plan should reinforce and work with adult education and career technical education efforts that are responsive to labor market trends, as well as economic trends that impact the labor market and workforce, including, but not limited to, climate change, automation of work, and employment.(c)The review and technical assistance of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the state to align workforce, education, training, and employment funding programs in the state in a manner that supports a comprehensive, high-quality, and streamlined workforce development system in the state, including the review and provision of comments on the State Plan, if any, for programs and activities of one-stop partners that are not core programs.(d)Developing and continuously improving the statewide workforce investment system, including:(1)The identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system.(2)The development, promotion, and implementation of strategies, as well as the administration of, an field assistance for, programs to advance the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, and including individuals with disabilities, with workforce investment activities, education, and supportive services to enter or retain high-quality employment. To the extent permissible under state and federal laws, these policies and strategies should support linkages between kindergarten and grades 1 to 12, inclusive, and community college educational systems in order to help secure educational and career advancement. These policies and strategies may be implemented using a sector strategies framework and should ultimately lead to placement in a job providing economic security or job placement in an entry-level job that has a well-articulated career pathway or career ladder to a job providing economic security.(3)The development, promotion, and implementation of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system.(4)The development, promotion, and implementation of strategies, as well as the administration of, and field assistance for, programs that meet the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations, including policies targeting resources to competitive and emerging industry sectors and industry clusters that provide economic security and are either high-growth sectors or critical to Californias economy, or both. These industry sectors and clusters shall have significant economic impacts on the state and its regional and workforce development needs, including, but not limited to, Californias transition to a carbon neutral economy, and have documented career opportunities.(5)Consistent with the definitions in Section 14005, developing standards, procedures, and criteria for defining high road employers, high road jobs, high road workforce development, and high road training partnerships in California, in accordance with lessons learned from the boards ongoing high road workforce development initiatives.(6)The administration, promotion, and expansions of, as well as field assistance for, high road training partnerships, as defined in Section 14005.(7)The administration, promotion, and expansion of, as well as field assistance for, high road construction careers, as defined in Section 14005.(8)Recommending adult and dislocated worker training policies and investments that offer a variety of career opportunities while upgrading the skills of Californias workforce. These may include training policies and investments pertaining to any of the following:(A)Occupational skills training, including training for nontraditional employment.(B)On-the-job training.(C)Incumbent worker training in accordance with Section 3174(d)(4) of Title 29 of the United States Code.(D)Programs that combine workplace training with related instruction, which may include cooperative education programs.(E)Training programs operated by the private sector.(F)Skill upgrading and retraining.(G)Entrepreneurial training.(H)Transitional jobs in accordance with Section 3174(d)(5) of Title 29 of the United States Code.(I)Job readiness training provided in combination with any of the services described in subparagraphs (A) to (H), inclusive.(J)Adult education and literacy activities provided in combination with any of the services described in subparagraphs (A) to (G), inclusive.(K)Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.(e)The identification of regions, including planning regions, for the purposes of Section 3121(a) of Title 29 of the United States Code, and the designation of local areas under Section 3121 of Title 29 of the United States Code, after consultation with local boards and chief elected officials.(f)The development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, job seekers, and employers.(g)Recommending strategies to the Governor for strategic training investments of the Governors 15-percent discretionary funds.(h)Developing strategies to support staff training and awareness across programs supported under the workforce development system.(i)The development and updating of comprehensive state performance accountability measures, including state-adjusted levels of performance, to assess the effectiveness of the core programs in the state as required under Section 3141(b) of Title 29 of the United States Code. As part of this process the board shall do all of the following:(1)Develop a workforce metrics dashboard, to be updated annually, that measures the states human capital investments in workforce development to better understand the collective impact of these investments on the labor market. The board shall determine the approach for measuring labor market impacts, provided that, to the extent feasible, the board uses statistically rigorous methodologies to estimate, assess, and isolate the impact of programs on participant outcomes. The workforce metrics dashboard shall be produced, to the extent feasible, using existing available data and resources that are currently collected and accessible to state agencies. The board shall convene workforce program partners to develop a standardized set of inputs and outputs for the workforce metrics dashboard. The workforce metrics dashboard shall do all of the following:(A)Provide a status report on credential attainment, training completion, degree attainment, and participant earnings from workforce education and training programs. The board shall publish and distribute the final report.(B)Provide demographic breakdowns, including, to the extent possible, race, ethnicity, age, gender, veteran status, wage and credential or degree outcomes, and information on workforce outcomes in different industry sectors.(C)Measure, at a minimum and to the extent feasible with existing resources, the performance of the following workforce programs: community college career technical education, the Employment Training Panel, Title I and Title II of the federal Workforce Investment Act of 1998 (Public Law 105-220), Title I and Title II of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128), Trade Adjustment Assistance, and state apprenticeship programs.(D)Measure participant earnings in California, and to the extent feasible, in other states. The Employment Development Department shall assist the board by calculating aggregated participant earnings using unemployment insurance wage records, without violating any applicable confidentiality requirements.(2)The State Department of Education is hereby authorized to collect the social security numbers of adults participating in adult education programs so that accurate participation in those programs can be represented in the workforce metrics dashboard. However, an individual shall not be denied program participation if the individual refuses to provide a social security number. The State Department of Education shall keep this information confidential, except, the State Department of Education is authorized to share this information, unless prohibited by federal law, with the Employment Development Department, the board, or the boards designee, who shall keep the information confidential and use it only to track the labor market and other outcomes described in subparagraph (A) of paragraph (1) of program participants in compliance with all applicable state and federal laws and mandates, including all performance reporting requirements under the Workforce Innovation and Opportunity Act.(3)(A)Participating workforce programs, including, but not limited to, those specified in subparagraph (C) of paragraph (1), shall provide participant data in a standardized format to the Employment Development Department, the board, or the boards designee.(B)The Employment Development Department, the board, or the boards designee, shall aggregate data provided by participating workforce programs and shall report the data, organized by demographics, earnings, and industry of employment, to the board to assist the board in producing the annual workforce metrics dashboard.(4)The board shall ensure that a designee has the technical and operational capability of meeting appropriate privacy and security requirements.(j)The identification and dissemination of information on best practices, including best practices for all of the following:(1)The effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment.(2)The development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness.(3)Effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individuals prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways.(k)The development and review of statewide policies affecting the coordinated provision of services through the states one-stop delivery system described in Section 3151(e) of Title 29 of the United States Code, including the development of all of the following:(1)Objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in Section 3151(e) of Title 29 of the United States Code.(2)Guidance for the allocation of one-stop center infrastructure funds under Section 3151(h) of Title 29 of the United States Code.(3)Policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such a system.(l)The development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to all of the following:(1)Enhance digital literacy skills, as defined in Section 9101 of Title 20 of the United States Code, referred to in this division as digital literacy skills.(2)Accelerate the acquisition of skills and recognized postsecondary credentials by participants.(3)Strengthen the professional development of providers and workforce professionals.(4)Ensure the technology is accessible to individuals with disabilities and individuals residing in remote areas.(m)The development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures, including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs.(n)The development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United States Code.(o)The preparation of the annual reports described in paragraphs (1) and (2) of Section 3141(d) of Title 29 of the United States Code.(p)The development of the statewide workforce and labor market information system described in Section 49l2(e) of Title 29 of the United States Code.(q)By July 1, 2020, the development, in conjunction with the Employment Development Department and with input from local workforce development boards, of a policy regarding mutual aid agreements between and among local workforce development boards to enable them to effectively respond to disasters and that is consistent with applicable state and federal law.(r)The development of other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the state.(s)Helping individuals with barriers to employment, including low-skill, low-wage workers, the long-term unemployed, and members of single-parent households, achieve economic security and upward mobility by implementing policies that encourage the attainment of marketable skills relevant to current labor market trends.SEC. 16.Section 14014 is added to the Unemployment Insurance Code, to read:14014.(a)Consistent with the intent of paragraph (3) of subdivision (b) of Section 14000, the California Workforce Development Board shall collect and report program and outcome data for its high road workforce programs.(b)Pursuant to subdivision (a), all of the following shall apply:(1)The Employment Development Department shall make available to the board any and all wage and employment data necessary to evaluate all relevant programs and grants.(2)All grant applicants and program beneficiaries participating in a high road training partnership program shall provide any and all necessary information to the state to facilitate public transparency, accountability, and grant and program performance evaluation, including any relevant data needed to determine the outcomes and benefits of programing and grants funded for program participants, high road training partnerships, industry, and the workforce system.(3)All grants and programming shall be evaluated using criteria, metrics, and data that include, but are not limited to, information pertaining to the ability of grantees and program administrators to conduct and complete relevant programming as demonstrated through appropriate quantitative and qualitative analysis, including the use of appropriate outcome metrics.(4)For funds and grants providing direct workforce, training, and education services to individuals, the board shall report all of the following:(A)Who is receiving the services, including data on the demographics of the individuals receiving services.(B)The nature of the services received collected at the individual level.(C)Data pertaining to participant program and employment outcomes of individuals receiving services including:(i)The employment rates of individuals served to measure initial job placement and retention over time.(ii)The wages and wage growth of individuals served during and after program participation.(5)Recognizing that the outcome data specified in this section frequently lags program implementation activities, progress reports and interim evaluation reports consistent with the requirements of this section shall be provided to the Legislature by the board, after it receives and administers funding under the relevant budget allocations, by October 1 of even-numbered years utilizing whatever program participant and outcome data is available. The report shall also include, but not be limited to, the number of grants awarded, the average award amounts, geographic distribution of awards, and types of industries awarded.(6)Final evaluation reports for all grants and programs shall be provided to the Legislature 18 months after all available labor market outcome data specified in this section becomes available.SEC. 17.Section 14017 of the Unemployment Insurance Code is amended to read:14017.(a)In efforts to expand job training and employment for allied health professions, the California Workforce Development Board, in consultation with the Division of Apprenticeship Standards, shall do the following:(1)Identify opportunities for earn and learn job training opportunities that meet the industrys workforce demands and that are in high road, high-demand jobs.(2)Identify and develop specific requirements and qualifications for entry into earn and learn job training models.(3)Establish standards for earn and learn job training programs that are outcome oriented and accountable. The standards shall measure the results from program participation, including a measurement of how many complete the program with an industry-recognized credential that certifies that the individual is ready to enter the specific allied health profession for which the individual has been trained.(4)Develop means to identify, assess, and prepare a pool of qualified candidates seeking to enter earn and learn job training models.(b)(1)The board, on or before December 1, 2015, shall prepare and submit to the appropriate policy committees of the Legislature a report on the findings and recommendations of the board.(2)The requirement for submitting a report imposed pursuant to this subdivision is inoperative on January 1, 2019, pursuant to Section 10231.5 of the Government Code.(c)(1)The Department of Consumer Affairs shall engage in a stakeholder process to update policies and remove barriers to facilitate the development of earn and learn training programs in the allied health professions, including barriers identified in the report prepared by the board pursuant to subdivision (b), entitled Expanding Earn and Learn Models in the California Health Care Industry. The stakeholder process shall include all of the following:(A)The department convening allied health workforce stakeholders, which shall include, but are not limited to, the departments relevant licensure boards, the Division of Apprenticeship Standards, representatives appointed by the board of governors from the California community college system, the California Workforce Development Board, and the State Department of Public Health, and which may include other relevant entities such as the Office of Statewide Health Planning and Development, employer and worker representatives, and community-based organizations.(B)Addressing issues that include, but are not limited to, prelicensure classifications in allied health occupations that would allow students, in a supervised setting, to gain experience in their chosen field before obtaining licensure, and the payment of wages while in a workplace-based training program.(C)The department ensuring that existing standards of consumer protection are maintained.(D) Sharing any statutory barriers identified through this process with the relevant committees of the Legislature.(2)The process described in paragraph (1) shall be completed by, and this subdivision shall be inoperative on, January 1, 2020.SEC. 18.The Legislature finds and declares all of the following:(a)California has one of the countrys most diverse populations, including nearly 5,000,000 adults whose primary spoken or written language is not English.(b)The Employment Development Department (EDD) offers a number of translation and interpretation services.(c)It is the intent of the Legislature, in enacting the amendments to Sections 316 of the Unemployment Insurance Code made by this act, to take additional steps to ensure that all Californians seeking unemployment insurance services have meaningful access to EDD services and programs. SEC. 19.The Legislature finds and declares that the addition of Section 340 to the Unemployment 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:In order to protect the fraud deterrence practices of the Employment Development Department, the interest in the public disclosure of fraud deterrence information is outweighed by the interest in maintaining the confidentiality of this information.SEC. 20.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. 138Introduced by Committee on Budget and Fiscal Review January 08, 2021An act to add Sections 19815.9, 20825.13, and 22944.6 to, and to repeal Section 22843.1 of, the Government Code, to add Chapter 4 (commencing with Section 2693) to Part 11 of Division 2 of the Labor Code, and to amend Sections 316, 1095, 1339, 2655, 2701, 14005, 14013, and 14017 of, to amend, repeal, and add Section 823 of, and to add Sections 340 and 14014 to, the Unemployment Insurance Code, relating to employment, 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 138, as amended, Committee on Budget and Fiscal Review. Employment: health care benefits: unemployment insurance: policies and practices. 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)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA requires the employing office of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employees family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. PEMHCA requires the employing office to obtain verifying information for certain family members, including children and stepchildren, at least once every 3 years.This bill would repeal those PEMHCA provisions and reenact revised provisions in existing law relating to general powers and responsibilities of the department. The bill would revise the specified verification schedule to require the employing office to obtain verifying documentation to substantiate continued eligibility at least once within a 3-year period from the initial enrollment for children and adopted children, and at least once every 3 years for stepchildren and domestic partner children. The bill would additionally require that the department consult with, but not be required to obtain the approval of, the Public Employees Retirement System prior to adopting related regulations. The bill would require these provisions to be interpreted in accordance with definitions in PEMHCA.(2)The Public Employees Retirement Law (PERL) creates the Public Employees Retirement System (PERS) for the purpose of providing pension and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees Retirement Fund, a continuously appropriated trust fund administered by the systems board of administration. PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the states contribution in the budget and quarterly appropriations to the Public Employees Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution.Existing law makes additional supplemental General Fund appropriations to the Public Employees Retirement Fund for the 202021, 202122, and 202223 fiscal years. Supplemental payments connected with appropriations for the 202122 and 202223 fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance.The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until fiscal year 202930, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans.This bill would appropriate $1,881,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the states appropriation to the Public Employees Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2021. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees Retirement Fund to be apportioned to specified state employee member categories, not to exceed $865,017,000 to the state miscellaneous member category, $50,499,000 to the state industrial member category, $112,346,000 to the state safety member category, and $853,138,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 202122 fiscal year.(3)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, prescribes methods for calculating the state employer contribution for employee health care and other postemployment benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care and other postemployment benefits, subject to certain conditions. PEMHCA suspends those employees monthly contributions for prefunding other postemployment benefits for the 202021 fiscal year.This bill, in addition to the appropriation required for state contributions to prefund retiree health care and other postemployment benefits, as described above, would appropriate $616,000,000 from the General Fund on behalf of employees for the 202021 employee prefunding contributions that were suspended. The bill would provide that this appropriation represents a portion of the amount identified in a specified provision of the Budget Act of 2021. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specified transfers, as described below.The bill would require the supplemental payment to the Annuitants Health Care Coverage Fund to be apportioned to specified state employee bargaining unit subaccounts, as directed by the Department of Finance. The bill would specifically provide for amounts to State Bargaining Unit subaccounts not to exceed the following: $251,000,000 for employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21; $11,000,000 for employees in State Bargaining Unit 2; $65,000,000 for employees in State Bargaining Unit 5; $115,000,000 for employees in State Bargaining Unit 6; $25,000,000 for employees in State Bargaining Unit 7; $23,000,000 for employees in State Bargaining Unit 8; $28,000,000 for employees in State Bargaining Unit 9; $9,000,000 for employees in State Bargaining Unit 10; $32,000,000 for employees in State Bargaining Unit 12; $3,000,000 for employees in State Bargaining Unit 13; $6,000,000 for employees in State Bargaining Unit 16; $17,000,000 for employees in State Bargaining Unit 18; $17,000,000 for employees in State Bargaining Unit 19; and $14,000,000 for specified employees who are not related to a State Bargaining Unit and are excepted from the general definition of state employee and officers or employees of the executive branch of state government who are not members of the civil service.The bill would require the appropriation, beginning July 1, 2021, to be applied to the employee contribution required to prefund retiree health and other postemployment benefits, as described above, that equates to the suspended contribution amount for the 202021 fiscal year. (4)Existing law requires every person engaged in the business of garment manufacturing, as defined, to register with the Labor Commissioner and to pay registration fees, as specified. Existing law makes garment manufacturers liable for payment of applicable minimum wage and overtime compensation to employees of their contractors. Existing law provides that employees may enforce this requirement by filing a claim with the Labor Commissioner for unpaid wages against the contractor and the manufacturer.This bill would, upon appropriation, establish the Garment Worker Wage Claim Pilot Program. The program would provide funding to the Department of Industrial Relations to contract with qualified organizations, as defined, for the purpose of providing educational services to garment workers regarding wage violations.(5)Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud. Existing law requires the director of the department to report the results of the first review to the Legislature on or before July 1, 2015, and authorizes the submission of subsequent reports. This bill would require the department to provide specified committees of the Legislature with a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, and to provide a report to those committees with an update on its progress on performing this assessment by July 1, 2022. The bill would require the department, on or before January 1, 2023, and annually thereafter, to analyze and assess the effectiveness of its fraud prevention and detection tools and to submit this analysis and assessment to those committees, and would provide that some information may be excluded or redacted from that report. 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.(6)Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits.Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the department. Unemployment compensation benefits are paid from the Unemployment Fund, and the expenses for administering these provisions are paid from the Unemployment Administration Fund, which is continuously appropriated for these purposes. Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.Existing law requires all standard information employee pamphlets provided by the department concerning unemployment and disability insurance programs to be printed in English and the 7 other most commonly used languages among participants in each program. Existing law also requires the department to make the pages on its internet website that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 7 languages, other than English, most commonly used by unemployment insurance applicants and claimants. This bill would require all standard information employee pamphlets concerning unemployment and disability insurance programs to be printed in English and the primary languages, defined as the top 7 non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau. The bill would delete the requirement to make specified pages on the departments internet website available in the 7 languages other than English, as described above, and would instead require the department, by February 1, 2024, to establish and host a primary language multilingual access portal for unemployment insurance, as specified. The bill would also require the department, by April 1, 2024, to translate the UI Online interface in the primary languages.This bill would require the department, by January 1, 2022, to provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff. If the department staff cannot obtain interpretation in the individuals language and linguistic variant in real time after good faith efforts to acquire language services, the bill would require the department to provide the individual with a return telephone or relay call in the individuals language within a reasonable timeframe. The bill would require the department, by March 1, 2022, to engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, as specified, and to employ a multilingual access coordinator and multilingual access unit to coordinate the departments multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services. The bill would require that, by June 1, 2022, each application for unemployment insurance contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individuals claims record. The bill would require the department, by December 1, 2022, to, among other things, provide dedicated phones lines for unemployment insurance claims in the primary languages and to translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages, as defined. The bill would prohibit the provision of unemployment insurance language services from causing an undue delay in receipt of services or benefits. If the departments provision of language services unduly delays an individuals receipt of services or benefits, the bill would require the individuals time to meet the departments deadlines to be extended for the period of time necessary to receive the language services.This bill would require the department to engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services and to annually report this data to the legislative budget committees. Specifically, the bill would require the department, by July 1, 2022, to report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs. The bill would define related terms, and would include related legislative findings.Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund, and the Unemployment Compensation Disability Fund, for new purposes, the bill would make an appropriation. (7)Existing law provides for the financing of unemployment insurance for public school employees. Under existing law, public school employers may elect to budget and remit to the Treasurer moneys for deposit in the School Employees Fund, a continuously appropriated fund, for the purpose of payment by each school employer of unemployment compensation benefits and other expenses of unemployment insurance for school employees. The amount of remitted moneys is determined by multiplying a contribution rate for the fiscal year by total wages, as specified. Existing law, except as specified, requires the contribution rate to generate revenue equal to twice the amount of benefits disbursed during the prior calendar year, less the fund balance at the end of the prior calendar year, and divided by total wages, as prescribed.This bill, for the fiscal year beginning July 1, 2021, and for the subsequent fiscal year, would establish the contribution rate at 0.5%. (8)Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of the directors duties and is not open to the public. Existing law permits the use of the information for specified purposes, including to enable the California Workforce Development Board and other entities to access any relevant quarterly wage data necessary for the evaluation and reporting of specified workforce program performance outcomes. Existing law makes it a crime for any person to knowingly access, use, or disclose this confidential information without authorization.This bill would add the Department of Fair Employment and Housing to the list of entities permitted to use information obtained in the administration of the Unemployment Insurance Code, and would authorize the department to use the information to carry out its duties, including ensuring compliance with specified pay data reporting requirements. This bill would provide that conduct related to information disclosed pursuant to its provisions shall not be subject to the criminal sanctions.(9)Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. Existing law provides that for periods of disability commencing on and after January 1, 2018, but before January 1, 2022, an individuals weekly benefit amount would be $50 if the individuals wages during the quarter of the individuals disability base period in which those wages were highest was less than $929, but if the individuals wages for the same period was $929 or more, and was less than 13 of the amount of the state average quarterly wage, then 70% of the amount of wages paid to the individual for employment during the quarter of the individuals disability base period in which these wages were highest, divided by 13, is the amount of the benefit. Under existing law, for periods of disability commencing on and after January 1, 2022, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest exceeds $1,749.20, the weekly benefit amount is 55% of those wages divided by 13. Under existing law, for both calculations, a benefit that is not a multiple of $1 shall be computed to the next higher multiple of $1, and the amount of the benefit is prohibited from exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount.This bill would extend the January 1, 2022, date for both those calculations to January 1, 2023. Because the bill would continue to allow an increased payment from the Unemployment Compensation Disability Fund, a continuously appropriated fund, this bill would make an appropriation. (10)Existing law authorizes the Employment Development Department to administer the state unemployment insurance compensation program and the disability insurance compensation program, which includes family temporary disability insurance benefits. Existing law requires the department, among other duties, to make unemployment and disability compensation payments, as prescribed by the Director of Employment Development. Existing law requires unemployment insurance compensation benefits that are directly deposited to an account of the recipients choice to be deposited to a qualifying account, as defined. This bill would require the Employment Development Department, beginning January 1, 2024, to provide a person entitled to receive benefits under the state unemployment insurance compensation program or the disability insurance compensation program the option to receive payments directly deposited by electronic fund transfer into a qualifying account of the recipients choice, in addition to other alternative disbursement payment methods such as debit cards and checks. (11)Existing law, the California Workforce Innovation and Opportunity Act, establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of Californias workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. The act requires the board to assist the Governor in developing a state plan for workforce development. That act prescribes specific tasks with which the board assists the Governor, including the development of strategies for creating career pathways for individuals through workforce investment activities, education, and supportive services to enter or retain employment, improving access to services provided by the workforce development system, and meeting the needs of employers and workers by creating industry or sector partnerships related to in-demand industry sectors and occupations, as specified. The act defines terms for its purposes.This bill would require that the board assist the Governor in furthering economic development that results in improved workforce education and fair compensation and treatment. The bill would require that the state plan take into account economic trends that impact the labor market, including climate change, among other things. The bill would provide that, in addition to assisting with strategies and planning, the board shall assist the Governor in developing, implementing, administering, promoting, and providing field assistance for, programs that create supportive services to enter or retain high quality employment, and meet the needs of employers and workers through industry or sector partnerships, that have significant economic impacts on the state and its development, including the states transition to a carbon neutral economy.The bill would require the board to assist the Governor in developing standards, procedures, and criteria for defining high road employers, high road jobs, high road workforce development, and high road training partnerships in California, as specified, pursuant to the development of high road workforce programs. The bill would require the board to assist the Governor in expanding, promoting, administering, and providing field assistance for, high road training partnerships and high road construction careers. The bill would define terms for these purposes.The bill would require the board to collect data and report on program outcomes. Pursuant to this requirement, the bill would require the Employment Development Department to share any and all wage and employment data necessary for the board to evaluate its programs and grants. The bill would also require program participants to provide date to the board to facilitate public transparency, accountability, and grant and program performance evaluation. The bill would set criteria for the boards evaluation, as specified.The bill would require the board, after receiving and administering funding for high road workforce programs, to report back to the Legislature by October 1 of even numbered years with whatever information is available. The bill would require final evaluation reports to be provided to the Legislature not less than 18 months after available labor market outcome data is available.(12)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: NO | |
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| 5 | + | Amended IN Assembly February 15, 2022 Amended IN Assembly June 27, 2021 | |
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| 7 | - | Amended IN Assembly August 26, 2022 | |
| 8 | 7 | Amended IN Assembly February 15, 2022 | |
| 9 | 8 | Amended IN Assembly June 27, 2021 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill | |
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| 15 | 14 | No. 138 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Committee on Budget and Fiscal Review January 08, 2021 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Committee on Budget and Fiscal Review | |
| 20 | 19 | January 08, 2021 | |
| 21 | 20 | ||
| 22 | - | An act | |
| 21 | + | An act to add Sections 19815.9, 20825.13, and 22944.6 to, and to repeal Section 22843.1 of, the Government Code, to add Chapter 4 (commencing with Section 2693) to Part 11 of Division 2 of the Labor Code, and to amend Sections 316, 1095, 1339, 2655, 2701, 14005, 14013, and 14017 of, to amend, repeal, and add Section 823 of, and to add Sections 340 and 14014 to, the Unemployment Insurance Code, relating to employment, and making an appropriation therefor, to take effect immediately, bill related to the budget. An act relating to the Budget Act of 2022. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
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| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | - | SB 138, as amended, Committee on Budget and Fiscal Review. Budget Act of 2022. | |
| 27 | + | SB 138, as amended, Committee on Budget and Fiscal Review. Employment: health care benefits: unemployment insurance: policies and practices. Budget Act of 2022. | |
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| 30 | - | (1) | |
| 29 | + | This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022.(1)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA requires the employing office of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employees family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. PEMHCA requires the employing office to obtain verifying information for certain family members, including children and stepchildren, at least once every 3 years.This bill would repeal those PEMHCA provisions and reenact revised provisions in existing law relating to general powers and responsibilities of the department. The bill would revise the specified verification schedule to require the employing office to obtain verifying documentation to substantiate continued eligibility at least once within a 3-year period from the initial enrollment for children and adopted children, and at least once every 3 years for stepchildren and domestic partner children. The bill would additionally require that the department consult with, but not be required to obtain the approval of, the Public Employees Retirement System prior to adopting related regulations. The bill would require these provisions to be interpreted in accordance with definitions in PEMHCA.(2)The Public Employees Retirement Law (PERL) creates the Public Employees Retirement System (PERS) for the purpose of providing pension and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees Retirement Fund, a continuously appropriated trust fund administered by the systems board of administration. PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the states contribution in the budget and quarterly appropriations to the Public Employees Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution.Existing law makes additional supplemental General Fund appropriations to the Public Employees Retirement Fund for the 202021, 202122, and 202223 fiscal years. Supplemental payments connected with appropriations for the 202122 and 202223 fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance.The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until fiscal year 202930, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans.This bill would appropriate $1,881,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the states appropriation to the Public Employees Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2021. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees Retirement Fund to be apportioned to specified state employee member categories, not to exceed $865,017,000 to the state miscellaneous member category, $50,499,000 to the state industrial member category, $112,346,000 to the state safety member category, and $853,138,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 202122 fiscal year.(3)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, prescribes methods for calculating the state employer contribution for employee health care and other postemployment benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs.PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care and other postemployment benefits, subject to certain conditions. PEMHCA suspends those employees monthly contributions for prefunding other postemployment benefits for the 202021 fiscal year.This bill, in addition to the appropriation required for state contributions to prefund retiree health care and other postemployment benefits, as described above, would appropriate $616,000,000 from the General Fund on behalf of employees for the 202021 employee prefunding contributions that were suspended. The bill would provide that this appropriation represents a portion of the amount identified in a specified provision of the Budget Act of 2021. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specified transfers, as described below.The bill would require the supplemental payment to the Annuitants Health Care Coverage Fund to be apportioned to specified state employee bargaining unit subaccounts, as directed by the Department of Finance. The bill would specifically provide for amounts to State Bargaining Unit subaccounts not to exceed the following: $251,000,000 for employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21; $11,000,000 for employees in State Bargaining Unit 2; $65,000,000 for employees in State Bargaining Unit 5; $115,000,000 for employees in State Bargaining Unit 6; $25,000,000 for employees in State Bargaining Unit 7; $23,000,000 for employees in State Bargaining Unit 8; $28,000,000 for employees in State Bargaining Unit 9; $9,000,000 for employees in State Bargaining Unit 10; $32,000,000 for employees in State Bargaining Unit 12; $3,000,000 for employees in State Bargaining Unit 13; $6,000,000 for employees in State Bargaining Unit 16; $17,000,000 for employees in State Bargaining Unit 18; $17,000,000 for employees in State Bargaining Unit 19; and $14,000,000 for specified employees who are not related to a State Bargaining Unit and are excepted from the general definition of state employee and officers or employees of the executive branch of state government who are not members of the civil service.The bill would require the appropriation, beginning July 1, 2021, to be applied to the employee contribution required to prefund retiree health and other postemployment benefits, as described above, that equates to the suspended contribution amount for the 202021 fiscal year. (4)Existing law requires every person engaged in the business of garment manufacturing, as defined, to register with the Labor Commissioner and to pay registration fees, as specified. Existing law makes garment manufacturers liable for payment of applicable minimum wage and overtime compensation to employees of their contractors. Existing law provides that employees may enforce this requirement by filing a claim with the Labor Commissioner for unpaid wages against the contractor and the manufacturer.This bill would, upon appropriation, establish the Garment Worker Wage Claim Pilot Program. The program would provide funding to the Department of Industrial Relations to contract with qualified organizations, as defined, for the purpose of providing educational services to garment workers regarding wage violations.(5)Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud. Existing law requires the director of the department to report the results of the first review to the Legislature on or before July 1, 2015, and authorizes the submission of subsequent reports. This bill would require the department to provide specified committees of the Legislature with a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, and to provide a report to those committees with an update on its progress on performing this assessment by July 1, 2022. The bill would require the department, on or before January 1, 2023, and annually thereafter, to analyze and assess the effectiveness of its fraud prevention and detection tools and to submit this analysis and assessment to those committees, and would provide that some information may be excluded or redacted from that report. 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.(6)Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits.Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the department. Unemployment compensation benefits are paid from the Unemployment Fund, and the expenses for administering these provisions are paid from the Unemployment Administration Fund, which is continuously appropriated for these purposes. Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses.Existing law requires all standard information employee pamphlets provided by the department concerning unemployment and disability insurance programs to be printed in English and the 7 other most commonly used languages among participants in each program. Existing law also requires the department to make the pages on its internet website that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 7 languages, other than English, most commonly used by unemployment insurance applicants and claimants. This bill would require all standard information employee pamphlets concerning unemployment and disability insurance programs to be printed in English and the primary languages, defined as the top 7 non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau. The bill would delete the requirement to make specified pages on the departments internet website available in the 7 languages other than English, as described above, and would instead require the department, by February 1, 2024, to establish and host a primary language multilingual access portal for unemployment insurance, as specified. The bill would also require the department, by April 1, 2024, to translate the UI Online interface in the primary languages.This bill would require the department, by January 1, 2022, to provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff. If the department staff cannot obtain interpretation in the individuals language and linguistic variant in real time after good faith efforts to acquire language services, the bill would require the department to provide the individual with a return telephone or relay call in the individuals language within a reasonable timeframe. The bill would require the department, by March 1, 2022, to engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, as specified, and to employ a multilingual access coordinator and multilingual access unit to coordinate the departments multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services. The bill would require that, by June 1, 2022, each application for unemployment insurance contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individuals claims record. The bill would require the department, by December 1, 2022, to, among other things, provide dedicated phones lines for unemployment insurance claims in the primary languages and to translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages, as defined. The bill would prohibit the provision of unemployment insurance language services from causing an undue delay in receipt of services or benefits. If the departments provision of language services unduly delays an individuals receipt of services or benefits, the bill would require the individuals time to meet the departments deadlines to be extended for the period of time necessary to receive the language services.This bill would require the department to engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services and to annually report this data to the legislative budget committees. Specifically, the bill would require the department, by July 1, 2022, to report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs. The bill would define related terms, and would include related legislative findings.Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund, and the Unemployment Compensation Disability Fund, for new purposes, the bill would make an appropriation. (7)Existing law provides for the financing of unemployment insurance for public school employees. Under existing law, public school employers may elect to budget and remit to the Treasurer moneys for deposit in the School Employees Fund, a continuously appropriated fund, for the purpose of payment by each school employer of unemployment compensation benefits and other expenses of unemployment insurance for school employees. The amount of remitted moneys is determined by multiplying a contribution rate for the fiscal year by total wages, as specified. Existing law, except as specified, requires the contribution rate to generate revenue equal to twice the amount of benefits disbursed during the prior calendar year, less the fund balance at the end of the prior calendar year, and divided by total wages, as prescribed.This bill, for the fiscal year beginning July 1, 2021, and for the subsequent fiscal year, would establish the contribution rate at 0.5%. (8)Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of the directors duties and is not open to the public. Existing law permits the use of the information for specified purposes, including to enable the California Workforce Development Board and other entities to access any relevant quarterly wage data necessary for the evaluation and reporting of specified workforce program performance outcomes. Existing law makes it a crime for any person to knowingly access, use, or disclose this confidential information without authorization.This bill would add the Department of Fair Employment and Housing to the list of entities permitted to use information obtained in the administration of the Unemployment Insurance Code, and would authorize the department to use the information to carry out its duties, including ensuring compliance with specified pay data reporting requirements. This bill would provide that conduct related to information disclosed pursuant to its provisions shall not be subject to the criminal sanctions.(9)Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. Existing law provides that for periods of disability commencing on and after January 1, 2018, but before January 1, 2022, an individuals weekly benefit amount would be $50 if the individuals wages during the quarter of the individuals disability base period in which those wages were highest was less than $929, but if the individuals wages for the same period was $929 or more, and was less than 13 of the amount of the state average quarterly wage, then 70% of the amount of wages paid to the individual for employment during the quarter of the individuals disability base period in which these wages were highest, divided by 13, is the amount of the benefit. Under existing law, for periods of disability commencing on and after January 1, 2022, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest exceeds $1,749.20, the weekly benefit amount is 55% of those wages divided by 13. Under existing law, for both calculations, a benefit that is not a multiple of $1 shall be computed to the next higher multiple of $1, and the amount of the benefit is prohibited from exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount.This bill would extend the January 1, 2022, date for both those calculations to January 1, 2023. Because the bill would continue to allow an increased payment from the Unemployment Compensation Disability Fund, a continuously appropriated fund, this bill would make an appropriation. (10)Existing law authorizes the Employment Development Department to administer the state unemployment insurance compensation program and the disability insurance compensation program, which includes family temporary disability insurance benefits. Existing law requires the department, among other duties, to make unemployment and disability compensation payments, as prescribed by the Director of Employment Development. Existing law requires unemployment insurance compensation benefits that are directly deposited to an account of the recipients choice to be deposited to a qualifying account, as defined. This bill would require the Employment Development Department, beginning January 1, 2024, to provide a person entitled to receive benefits under the state unemployment insurance compensation program or the disability insurance compensation program the option to receive payments directly deposited by electronic fund transfer into a qualifying account of the recipients choice, in addition to other alternative disbursement payment methods such as debit cards and checks. (11)Existing law, the California Workforce Innovation and Opportunity Act, establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of Californias workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. The act requires the board to assist the Governor in developing a state plan for workforce development. That act prescribes specific tasks with which the board assists the Governor, including the development of strategies for creating career pathways for individuals through workforce investment activities, education, and supportive services to enter or retain employment, improving access to services provided by the workforce development system, and meeting the needs of employers and workers by creating industry or sector partnerships related to in-demand industry sectors and occupations, as specified. The act defines terms for its purposes.This bill would require that the board assist the Governor in furthering economic development that results in improved workforce education and fair compensation and treatment. The bill would require that the state plan take into account economic trends that impact the labor market, including climate change, among other things. The bill would provide that, in addition to assisting with strategies and planning, the board shall assist the Governor in developing, implementing, administering, promoting, and providing field assistance for, programs that create supportive services to enter or retain high quality employment, and meet the needs of employers and workers through industry or sector partnerships, that have significant economic impacts on the state and its development, including the states transition to a carbon neutral economy.The bill would require the board to assist the Governor in developing standards, procedures, and criteria for defining high road employers, high road jobs, high road workforce development, and high road training partnerships in California, as specified, pursuant to the development of high road workforce programs. The bill would require the board to assist the Governor in expanding, promoting, administering, and providing field assistance for, high road training partnerships and high road construction careers. The bill would define terms for these purposes.The bill would require the board to collect data and report on program outcomes. Pursuant to this requirement, the bill would require the Employment Development Department to share any and all wage and employment data necessary for the board to evaluate its programs and grants. The bill would also require program participants to provide date to the board to facilitate public transparency, accountability, and grant and program performance evaluation. The bill would set criteria for the boards evaluation, as specified.The bill would require the board, after receiving and administering funding for high road workforce programs, to report back to the Legislature by October 1 of even numbered years with whatever information is available. The bill would require final evaluation reports to be provided to the Legislature not less than 18 months after available labor market outcome data is available.(12)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. | |
| 31 | 30 | ||
| 32 | - | ||
| 31 | + | This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022. | |
| 33 | 32 | ||
| 34 | - | This bill would exempt specified information and records of the California Infrastructure and Economic Development Bank from disclosure under the act. The bill would apply that exemption to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020, the Venture Capital Program, and the financing of economic development facilities and public development facilities under certain circumstances. The bill would prescribe the characteristics of the information to which the exemption would and would not apply and would provide for the maintenance of the exemption after a certain date. | |
| 33 | + | (1)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA requires the employing office of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employees family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. PEMHCA requires the employing office to obtain verifying information for certain family members, including children and stepchildren, at least once every 3 years. | |
| 34 | + | ||
| 35 | + | ||
| 36 | + | ||
| 37 | + | This bill would repeal those PEMHCA provisions and reenact revised provisions in existing law relating to general powers and responsibilities of the department. The bill would revise the specified verification schedule to require the employing office to obtain verifying documentation to substantiate continued eligibility at least once within a 3-year period from the initial enrollment for children and adopted children, and at least once every 3 years for stepchildren and domestic partner children. The bill would additionally require that the department consult with, but not be required to obtain the approval of, the Public Employees Retirement System prior to adopting related regulations. The bill would require these provisions to be interpreted in accordance with definitions in PEMHCA. | |
| 38 | + | ||
| 39 | + | ||
| 40 | + | ||
| 41 | + | (2)The Public Employees Retirement Law (PERL) creates the Public Employees Retirement System (PERS) for the purpose of providing pension and benefits to state employees and their beneficiaries and prescribes the rights and duties of employers participating in the system. Under PERL, benefits are funded by investment income and employer and employee contributions, which are deposited into the Public Employees Retirement Fund, a continuously appropriated trust fund administered by the systems board of administration. PERL prescribes methods for the calculation and payment of the state employer contribution for its employees who are PERS members. PERL provides for an annual adjustment of the states contribution in the budget and quarterly appropriations to the Public Employees Retirement Fund from the General Fund and other funds that are responsible for payment of the employer contribution. | |
| 42 | + | ||
| 43 | + | ||
| 44 | + | ||
| 45 | + | Existing law makes additional supplemental General Fund appropriations to the Public Employees Retirement Fund for the 202021, 202122, and 202223 fiscal years. Supplemental payments connected with appropriations for the 202122 and 202223 fiscal years are to be apportioned to the state employee member categories generally, as directed by the Department of Finance. | |
| 46 | + | ||
| 47 | + | ||
| 48 | + | ||
| 49 | + | The California Constitution establishes the Budget Stabilization Account in the General Fund and requires the Controller, in each fiscal year, to transfer from the General Fund to the Budget Stabilization Account amounts that include a sum equal to 1.5% of the estimated amount of General Fund revenues for that fiscal year. These provisions further require, until fiscal year 202930, that the Legislature appropriate a percentage of these moneys, the amount of which is generated pursuant to specified calculations, for certain obligations and purposes, including addressing unfunded liabilities for state-level pension plans. | |
| 50 | + | ||
| 51 | + | ||
| 52 | + | ||
| 53 | + | This bill would appropriate $1,881,000,000 from the General Fund for the purposes identified in the constitutional provisions described above, to supplement the states appropriation to the Public Employees Retirement Fund. The bill would specify that this appropriation represents a portion of the amount identified in a specific provision of the Budget Act of 2021. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specific transfers. The bill would require the supplemental payment to the Public Employees Retirement Fund to be apportioned to specified state employee member categories, not to exceed $865,017,000 to the state miscellaneous member category, $50,499,000 to the state industrial member category, $112,346,000 to the state safety member category, and $853,138,000 to the state peace officer/firefighter member category. The bill would require the appropriation described above to be applied to the unfunded state liabilities for the state employee member categories that are in excess of the base amounts for the 202122 fiscal year. | |
| 54 | + | ||
| 55 | + | ||
| 56 | + | ||
| 57 | + | (3)The Public Employees Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees Retirement System, prescribes methods for calculating the state employer contribution for employee health care and other postemployment benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs. | |
| 58 | + | ||
| 59 | + | ||
| 60 | + | ||
| 61 | + | PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care and other postemployment benefits, subject to certain conditions. PEMHCA suspends those employees monthly contributions for prefunding other postemployment benefits for the 202021 fiscal year. | |
| 62 | + | ||
| 63 | + | ||
| 64 | + | ||
| 65 | + | This bill, in addition to the appropriation required for state contributions to prefund retiree health care and other postemployment benefits, as described above, would appropriate $616,000,000 from the General Fund on behalf of employees for the 202021 employee prefunding contributions that were suspended. The bill would provide that this appropriation represents a portion of the amount identified in a specified provision of the Budget Act of 2021. The bill would require the Department of Finance to provide the Controller with a schedule establishing the timing of specified transfers, as described below. | |
| 66 | + | ||
| 67 | + | ||
| 68 | + | ||
| 69 | + | The bill would require the supplemental payment to the Annuitants Health Care Coverage Fund to be apportioned to specified state employee bargaining unit subaccounts, as directed by the Department of Finance. The bill would specifically provide for amounts to State Bargaining Unit subaccounts not to exceed the following: $251,000,000 for employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21; $11,000,000 for employees in State Bargaining Unit 2; $65,000,000 for employees in State Bargaining Unit 5; $115,000,000 for employees in State Bargaining Unit 6; $25,000,000 for employees in State Bargaining Unit 7; $23,000,000 for employees in State Bargaining Unit 8; $28,000,000 for employees in State Bargaining Unit 9; $9,000,000 for employees in State Bargaining Unit 10; $32,000,000 for employees in State Bargaining Unit 12; $3,000,000 for employees in State Bargaining Unit 13; $6,000,000 for employees in State Bargaining Unit 16; $17,000,000 for employees in State Bargaining Unit 18; $17,000,000 for employees in State Bargaining Unit 19; and $14,000,000 for specified employees who are not related to a State Bargaining Unit and are excepted from the general definition of state employee and officers or employees of the executive branch of state government who are not members of the civil service. | |
| 70 | + | ||
| 71 | + | ||
| 72 | + | ||
| 73 | + | The bill would require the appropriation, beginning July 1, 2021, to be applied to the employee contribution required to prefund retiree health and other postemployment benefits, as described above, that equates to the suspended contribution amount for the 202021 fiscal year. | |
| 74 | + | ||
| 75 | + | ||
| 76 | + | ||
| 77 | + | (4)Existing law requires every person engaged in the business of garment manufacturing, as defined, to register with the Labor Commissioner and to pay registration fees, as specified. Existing law makes garment manufacturers liable for payment of applicable minimum wage and overtime compensation to employees of their contractors. Existing law provides that employees may enforce this requirement by filing a claim with the Labor Commissioner for unpaid wages against the contractor and the manufacturer. | |
| 78 | + | ||
| 79 | + | ||
| 80 | + | ||
| 81 | + | This bill would, upon appropriation, establish the Garment Worker Wage Claim Pilot Program. The program would provide funding to the Department of Industrial Relations to contract with qualified organizations, as defined, for the purpose of providing educational services to garment workers regarding wage violations. | |
| 82 | + | ||
| 83 | + | ||
| 84 | + | ||
| 85 | + | (5)Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud. Existing law requires the director of the department to report the results of the first review to the Legislature on or before July 1, 2015, and authorizes the submission of subsequent reports. | |
| 86 | + | ||
| 87 | + | ||
| 88 | + | ||
| 89 | + | This bill would require the department to provide specified committees of the Legislature with a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, and to provide a report to those committees with an update on its progress on performing this assessment by July 1, 2022. The bill would require the department, on or before January 1, 2023, and annually thereafter, to analyze and assess the effectiveness of its fraud prevention and detection tools and to submit this analysis and assessment to those committees, and would provide that some information may be excluded or redacted from that report. | |
| 90 | + | ||
| 91 | + | ||
| 35 | 92 | ||
| 36 | 93 | 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. | |
| 37 | 94 | ||
| 95 | + | ||
| 96 | + | ||
| 38 | 97 | This bill would make legislative findings to that effect. | |
| 39 | 98 | ||
| 40 | - | (2) Existing law establishes the Office of Small Business Advocate within the Governors Office of Business and Economic Development, also known as GO-Biz, to advocate for causes of small business and to provide small businesses with the information they need to survive in the marketplace. Existing law prescribes the duties and functions of the Small Business Advocate, who is also the Director of the Office of Small Business Advocate. Existing law establishes the California Small Business COVID-19 Relief Grant Program within the office, which until January 1, 2024, provides grants to qualified small businesses affected by COVID-19 in order to support their continued operation. | |
| 41 | 99 | ||
| 42 | - | This bill, until January 1, 2025, would establish the California Small Agricultural Business Drought Relief Grant Program in the Office of Small Business Advocate, under the authority of its director. The purpose of the program would be to provide grants to qualified small agricultural businesses that have been affected by severe drought. The bill would prescribe various definitions for its purposes, including that of a qualified small business. The bill would authorize the office to contract with a fiscal agent, as defined, to carry out the program, and would require the office to allocate grants to qualified small agricultural businesses that meet the requirements, upon appropriation of grant funds by the Legislature. The bill would prescribe the criteria for specific grant amounts, which would be based on the loss or decline in annual gross receipts or gross profits, which would be established by comparing the 2022 taxable year to the 2019 taxable year, as specified. The bill would provide for the recapture of grants if grantees fail to meet required criteria. The bill would require that grant moneys be used only for costs to maintain the business through the drought, and would specify certain authorized costs in this regard. | |
| 43 | 100 | ||
| 44 | - | ||
| 101 | + | (6)Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits. | |
| 45 | 102 | ||
| 46 | - | (3) Existing federal law requires the Secretary of Energy to establish a program to support the development of at least 4 regional clean hydrogen hubs that demonstrably aid the achievement of a specified clean hydrogen production standard, that demonstrate the production, processing, delivery, storage, and end use of clean hydrogen, and that can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy. Existing federal law authorizes the Secretary of Energy to make grants to each regional clean hydrogen hub to accelerate commercialization of, and demonstrate the production, processing, delivery, storage, and end use of, clean hydrogen. | |
| 47 | 103 | ||
| 48 | - | This bill would authorize GO-Biz, until July 1, 2025, to undertake measures that are necessary or useful to prepare and submit an application to receive funding from the regional clean hydrogen hubs program established by the Secretary of Energy or to otherwise participate in the regional clean hydrogen hubs program. The bill would require grants made from any funding received from the regional clean hydrogen hubs program to be used as specified. The bill would require GO-Biz to submit an annual report regarding the status of an application submitted to receive funding from the regional clean hydrogen hubs program and the status of any partnerships entered into, as described. The bill would also require GO-Biz to consult with and coordinate clean hydrogen-related efforts with relevant stakeholders, as described. | |
| 49 | 104 | ||
| 50 | - | ||
| 105 | + | Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the department. Unemployment compensation benefits are paid from the Unemployment Fund, and the expenses for administering these provisions are paid from the Unemployment Administration Fund, which is continuously appropriated for these purposes. Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses. | |
| 51 | 106 | ||
| 52 | - | This bill would instead make the provisions that will end the authorization to impose the charge when the bonds used for financing are paid operative on January 1, 2024. The bill would also make other conforming changes. | |
| 53 | 107 | ||
| 54 | - | (5) Existing law requires the Department of Housing and Community Development (HCD) to, among other things, administer various programs intended to fund the acquisition of property to develop or preserve affordable housing, including the Foreclosure Intervention Housing Preservation Program (FIHPP) and the Multifamily Housing Program (MHP). Existing law creates the FIHPP for the purpose of preserving affordable housing and promoting resident ownership, or nonprofit organization ownership, of residential real property and requires the program to be administered by the department to provide loans, upon appropriation by the Legislature, to eligible borrowers to pay the acquisition costs and associated transaction costs of certain real property purchased through a trustees sale, as specified, subject to a preforeclosure intervention sale, as defined, or subject to a foreclosure risk intervention sale. | |
| 55 | 108 | ||
| 56 | - | ||
| 109 | + | Existing law requires all standard information employee pamphlets provided by the department concerning unemployment and disability insurance programs to be printed in English and the 7 other most commonly used languages among participants in each program. Existing law also requires the department to make the pages on its internet website that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 7 languages, other than English, most commonly used by unemployment insurance applicants and claimants. | |
| 57 | 110 | ||
| 58 | - | Existing law creates the Housing Rehabilitation Loan Fund (the Fund), administered by HCD and continuously appropriated for, among other things, making deferred payment loans for specified housing rehabilitation programs. Existing law requires HCD to contract with one or more fund managers to manage the FIHPP until June 30, 2026, as specified. Existing law requires funds not committed to fund managers as of December 31, 2025, or any funds returned from fund managers after December 31, 2025, to be made available for affordable housing preservation loans, as specified. | |
| 59 | 111 | ||
| 60 | - | This bill would remove that date limit for returned funds and require uncommitted or returned funds to be additionally made available for the MHP. By expanding the uses and deposits of moneys in a continuously appropriated fund, the bill would make an appropriation. | |
| 61 | 112 | ||
| 62 | - | ||
| 113 | + | This bill would require all standard information employee pamphlets concerning unemployment and disability insurance programs to be printed in English and the primary languages, defined as the top 7 non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau. The bill would delete the requirement to make specified pages on the departments internet website available in the 7 languages other than English, as described above, and would instead require the department, by February 1, 2024, to establish and host a primary language multilingual access portal for unemployment insurance, as specified. The bill would also require the department, by April 1, 2024, to translate the UI Online interface in the primary languages. | |
| 63 | 114 | ||
| 64 | - | This bill would instead require fund managers to deposit unused program funds into separately maintained reuse accounts for the purposes of the program, as specified. The bill would require fund managers use funds held in those reuse accounts to administer loans and grants to pay for repairs, maintenance, or improvements on properties acquired pursuant to the program, among other purposes. The bill would remove the authority to use the funds for providing technical assistance, as specified. | |
| 65 | 115 | ||
| 66 | - | Existing law defines the term nonprofit corporation, as specified. Existing law requires a borrower or grantee that receives funds from a loan or grant made pursuant to the FIHPP ensure that all vacant units are restricted as specified. | |
| 67 | 116 | ||
| 68 | - | This bill would | |
| 117 | + | This bill would require the department, by January 1, 2022, to provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff. If the department staff cannot obtain interpretation in the individuals language and linguistic variant in real time after good faith efforts to acquire language services, the bill would require the department to provide the individual with a return telephone or relay call in the individuals language within a reasonable timeframe. The bill would require the department, by March 1, 2022, to engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, as specified, and to employ a multilingual access coordinator and multilingual access unit to coordinate the departments multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services. The bill would require that, by June 1, 2022, each application for unemployment insurance contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individuals claims record. The bill would require the department, by December 1, 2022, to, among other things, provide dedicated phones lines for unemployment insurance claims in the primary languages and to translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages, as defined. The bill would prohibit the provision of unemployment insurance language services from causing an undue delay in receipt of services or benefits. If the departments provision of language services unduly delays an individuals receipt of services or benefits, the bill would require the individuals time to meet the departments deadlines to be extended for the period of time necessary to receive the language services. | |
| 69 | 118 | ||
| 70 | - | (6) Existing law requires HCD to administer various programs intended to promote the development of housing, including the MHP, pursuant to which HCD provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities. Existing law also establishes the California Housing Finance Agency (CalHFA) within HCD with the primary purpose of meeting the housing needs of persons and families of low or moderate income. Existing law establishes various objectives of CalHFA, including, among others, reducing the cost of mortgage financing for accessory dwelling units, as specified. | |
| 71 | 119 | ||
| 72 | - | This bill would require CalHFA to convene a working group to develop recommendations to assist homeowners in qualifying for loans to construct accessory dwelling units and junior accessory dwelling units on their property and to increase access to capital for homeowners interested in building accessory dwelling units. The bill would require the working group to include specified representatives and to explore different opportunities to mitigate risks for lenders, including, but not limited to, loan guarantees, mortgage insurance, managed escrow, and rental income guidelines. The bill would require the working group to finish developing recommendations by July 1, 2023, for CalHFA to consider in the next update of its accessory dwelling unit guidelines. | |
| 73 | 120 | ||
| 74 | - | ||
| 121 | + | This bill would require the department to engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services and to annually report this data to the legislative budget committees. Specifically, the bill would require the department, by July 1, 2022, to report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs. The bill would define related terms, and would include related legislative findings. | |
| 75 | 122 | ||
| 76 | - | This bill would expand the definition of capital improvement project for purposes of the program, to include adaptive reuse. In this regard, the bill would define adaptive reuse to mean the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. | |
| 77 | 123 | ||
| 78 | - | This bill would expand the grant program to fund capital improvement projects that are an integral part of a catalytic qualifying infill area, as defined. The bill would define catalytic qualifying infill area as a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet specified requirements, including the area constitutes a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing. The bill would require the Department of Housing and Community Development to develop a selection process for awarding grants for catalytic infill areas that meets specified requirements, including minimum threshold requirements for applicants, mandatory information required in an application for funding, and application ranking procedures. The bill would authorize the department to ensure a reasonable distribution of funds that considers differing population sizes and geographic location, as specified. The bill would require the department, by January 1, 2024, to submit a report to the relevant fiscal and policy committees of the Legislature that includes, among other things, data on the catalytic qualifying infill area projects funded under the program. | |
| 79 | 124 | ||
| 80 | - | ||
| 125 | + | Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund, and the Unemployment Compensation Disability Fund, for new purposes, the bill would make an appropriation. | |
| 81 | 126 | ||
| 82 | - | This bill would require those performance standards to include timelines for commencement of construction of a capital improvement project, completion of a capital improvement project, and commencement and completion of associated housing development on an identified infill site. The bill would also require the department to require recipients of funds to report on progress of capital improvement projects, including, but not limited to, substantiation of grant expenditures and housing outcomes, as specified. | |
| 83 | 127 | ||
| 84 | - | (8) Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions. Former law, repealed as of January 1, 2022, authorized the Department of General Services to purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, as defined, using specifications and criteria developed in consultation with the Department of Transportation. Former law established requirements for bid evaluation and protest procedures. Former law limited the total value of vehicles and equipment purchased through this best value procurement authorization to $50,000,000 annually. Former law required the Department of General Services to prepare a prescribed evaluation with regard to this process, including a recommendation on whether the process should be continued, to be posted on the Department of Transportations internet website. | |
| 85 | 128 | ||
| 86 | - | ||
| 129 | + | (7)Existing law provides for the financing of unemployment insurance for public school employees. Under existing law, public school employers may elect to budget and remit to the Treasurer moneys for deposit in the School Employees Fund, a continuously appropriated fund, for the purpose of payment by each school employer of unemployment compensation benefits and other expenses of unemployment insurance for school employees. The amount of remitted moneys is determined by multiplying a contribution rate for the fiscal year by total wages, as specified. Existing law, except as specified, requires the contribution rate to generate revenue equal to twice the amount of benefits disbursed during the prior calendar year, less the fund balance at the end of the prior calendar year, and divided by total wages, as prescribed. | |
| 87 | 130 | ||
| 88 | - | (9) Existing law authorizes the Department of Motor Vehicles to establish contracts for electronic programs that allow qualified private industry partners to provide services that include processing and payment programs for vehicle registration and titling transactions. Existing law authorizes the department to establish the maximum amount that a qualified private industry partner may charge its customers. | |
| 89 | 131 | ||
| 90 | - | This bill would require the department, on or before September 1, 2022, and annually thereafter, to adjust that amount in accordance with the most recent available data on growth in the California Consumer Price Index for All Urban Consumers, except as specified. | |
| 91 | 132 | ||
| 92 | - | ||
| 133 | + | This bill, for the fiscal year beginning July 1, 2021, and for the subsequent fiscal year, would establish the contribution rate at 0.5%. | |
| 93 | 134 | ||
| 94 | - | This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | (8)Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of the directors duties and is not open to the public. Existing law permits the use of the information for specified purposes, including to enable the California Workforce Development Board and other entities to access any relevant quarterly wage data necessary for the evaluation and reporting of specified workforce program performance outcomes. Existing law makes it a crime for any person to knowingly access, use, or disclose this confidential information without authorization. | |
| 138 | + | ||
| 139 | + | ||
| 140 | + | ||
| 141 | + | This bill would add the Department of Fair Employment and Housing to the list of entities permitted to use information obtained in the administration of the Unemployment Insurance Code, and would authorize the department to use the information to carry out its duties, including ensuring compliance with specified pay data reporting requirements. This bill would provide that conduct related to information disclosed pursuant to its provisions shall not be subject to the criminal sanctions. | |
| 142 | + | ||
| 143 | + | ||
| 144 | + | ||
| 145 | + | (9)Existing unemployment compensation disability law provides a formula for determining benefits available to qualifying disabled individuals. Existing law provides that for periods of disability commencing on and after January 1, 2018, but before January 1, 2022, an individuals weekly benefit amount would be $50 if the individuals wages during the quarter of the individuals disability base period in which those wages were highest was less than $929, but if the individuals wages for the same period was $929 or more, and was less than 13 of the amount of the state average quarterly wage, then 70% of the amount of wages paid to the individual for employment during the quarter of the individuals disability base period in which these wages were highest, divided by 13, is the amount of the benefit. Under existing law, for periods of disability commencing on and after January 1, 2022, if the amount of wages paid an individual during the quarter of their disability base period in which those wages were highest exceeds $1,749.20, the weekly benefit amount is 55% of those wages divided by 13. Under existing law, for both calculations, a benefit that is not a multiple of $1 shall be computed to the next higher multiple of $1, and the amount of the benefit is prohibited from exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount. | |
| 146 | + | ||
| 147 | + | ||
| 148 | + | ||
| 149 | + | This bill would extend the January 1, 2022, date for both those calculations to January 1, 2023. Because the bill would continue to allow an increased payment from the Unemployment Compensation Disability Fund, a continuously appropriated fund, this bill would make an appropriation. | |
| 150 | + | ||
| 151 | + | ||
| 152 | + | ||
| 153 | + | (10)Existing law authorizes the Employment Development Department to administer the state unemployment insurance compensation program and the disability insurance compensation program, which includes family temporary disability insurance benefits. Existing law requires the department, among other duties, to make unemployment and disability compensation payments, as prescribed by the Director of Employment Development. Existing law requires unemployment insurance compensation benefits that are directly deposited to an account of the recipients choice to be deposited to a qualifying account, as defined. | |
| 154 | + | ||
| 155 | + | ||
| 156 | + | ||
| 157 | + | This bill would require the Employment Development Department, beginning January 1, 2024, to provide a person entitled to receive benefits under the state unemployment insurance compensation program or the disability insurance compensation program the option to receive payments directly deposited by electronic fund transfer into a qualifying account of the recipients choice, in addition to other alternative disbursement payment methods such as debit cards and checks. | |
| 158 | + | ||
| 159 | + | ||
| 160 | + | ||
| 161 | + | (11)Existing law, the California Workforce Innovation and Opportunity Act, establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of Californias workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. The act requires the board to assist the Governor in developing a state plan for workforce development. That act prescribes specific tasks with which the board assists the Governor, including the development of strategies for creating career pathways for individuals through workforce investment activities, education, and supportive services to enter or retain employment, improving access to services provided by the workforce development system, and meeting the needs of employers and workers by creating industry or sector partnerships related to in-demand industry sectors and occupations, as specified. The act defines terms for its purposes. | |
| 162 | + | ||
| 163 | + | ||
| 164 | + | ||
| 165 | + | This bill would require that the board assist the Governor in furthering economic development that results in improved workforce education and fair compensation and treatment. The bill would require that the state plan take into account economic trends that impact the labor market, including climate change, among other things. The bill would provide that, in addition to assisting with strategies and planning, the board shall assist the Governor in developing, implementing, administering, promoting, and providing field assistance for, programs that create supportive services to enter or retain high quality employment, and meet the needs of employers and workers through industry or sector partnerships, that have significant economic impacts on the state and its development, including the states transition to a carbon neutral economy. | |
| 166 | + | ||
| 167 | + | ||
| 168 | + | ||
| 169 | + | The bill would require the board to assist the Governor in developing standards, procedures, and criteria for defining high road employers, high road jobs, high road workforce development, and high road training partnerships in California, as specified, pursuant to the development of high road workforce programs. The bill would require the board to assist the Governor in expanding, promoting, administering, and providing field assistance for, high road training partnerships and high road construction careers. The bill would define terms for these purposes. | |
| 170 | + | ||
| 171 | + | ||
| 172 | + | ||
| 173 | + | The bill would require the board to collect data and report on program outcomes. Pursuant to this requirement, the bill would require the Employment Development Department to share any and all wage and employment data necessary for the board to evaluate its programs and grants. The bill would also require program participants to provide date to the board to facilitate public transparency, accountability, and grant and program performance evaluation. The bill would set criteria for the boards evaluation, as specified. | |
| 174 | + | ||
| 175 | + | ||
| 176 | + | ||
| 177 | + | The bill would require the board, after receiving and administering funding for high road workforce programs, to report back to the Legislature by October 1 of even numbered years with whatever information is available. The bill would require final evaluation reports to be provided to the Legislature not less than 18 months after available labor market outcome data is available. | |
| 178 | + | ||
| 179 | + | ||
| 180 | + | ||
| 181 | + | (12)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. | |
| 95 | 182 | ||
| 96 | 183 | ||
| 97 | 184 | ||
| 98 | 185 | ## Digest Key | |
| 99 | 186 | ||
| 100 | 187 | ## Bill Text | |
| 101 | 188 | ||
| 102 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 189 | + | The 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.Section 19815.9 is added to the Government Code, to read:19815.9.(a)Pursuant to standards established by the department, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employees or annuitants family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitants official personnel or member file.(b)The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows:(1)At least once within a three-year period from the initial enrollment for birth and adopted children.(2)At least once every three years for the following family members:(A)Spouses.(B)Domestic partners.(C)Stepchildren and domestic partner children.(3)At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship.(c)For purposes of this section, the Public Employees Retirement System is the employing office of a state annuitant.(d)The department shall consult with, but shall not be required to obtain the approval of, the Public Employees Retirement System prior to adopting any regulations pursuant to this section.(e)This section shall be interpreted in accordance with the definitions provided in Article 2 (commencing with Section 22760) of Chapter 1 of Part 5.SEC. 2.Section 20825.13 is added to the Government Code, to read:20825.13.(a)(1) In addition to the appropriation required pursuant to Section 20825, the Legislature hereby appropriates one billion eight hundred eighty-one million dollars ($1,881,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the states appropriation to the Public Employees Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b).(2)The supplemental appropriation to the Public Employees Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts:(A)Eight hundred sixty-five million seventeen thousand dollars ($865,017,000) to the state miscellaneous member category.(B)Fifty million four hundred ninety-nine thousand dollars ($50,499,000) to the state industrial member category.(C)One hundred twelve million three hundred forty-six thousand dollars ($112,346,000) to the state safety member category.(D)Eight hundred fifty three million one hundred thirty-eight thousand dollars ($853,138,000) to the state peace officer/firefighter member category.(b)The appropriation made pursuant to paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 202122 fiscal year. SEC. 3.Section 22843.1 of the Government Code is repealed.SEC. 4.Section 22944.6 is added to the Government Code, to read:22944.6.(a)(1) In addition to the appropriation required for state contributions to prefund retiree health care and other postemployment benefits pursuant to Section 22944.5, the Legislature hereby appropriates six hundred sixteen million dollars ($616,000,000) from the General Fund on behalf of employees for the 202021 employee prefunding contributions that were suspended. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b).(2)The supplemental payment to the Annuitants Health Care Coverage Fund described in paragraph (1) shall be apportioned to the following state employee bargaining unit subaccounts, as directed by the Department of Finance, not to exceed the following amounts:(A)Two hundred fifty-one million dollars ($251,000,000) to the subaccount for employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21.(B)Eleven million dollars ($11,000,000) to the subaccount for employees in State Bargaining Unit 2.(C)Sixty-five million dollars ($65,000,000) to the subaccount for employees in State Bargaining Unit 5.(D)One hundred fifteen million dollars ($115,000,000) to the subaccount for employees in State Bargaining Unit 6.(E)Twenty-five million dollars ($25,000,000) to the subaccount for employees in State Bargaining Unit 7.(F)Twenty-three million dollars ($23,000,000) to the subaccount for employees in State Bargaining Unit 8.(G)Twenty-eight million dollars ($28,000,000) to the subaccount for employees in State Bargaining Unit 9.(H)Nine million dollars ($9,000,000) to the subaccount for employees in State Bargaining Unit 10.(I)Thirty-two million dollars ($32,000,000) to the subaccount for employees in State Bargaining Unit 12.(J)Three million dollars ($3,000,000) to the subaccount for employees in State Bargaining Unit 13.(K)Six million dollars ($6,000,000) to the subaccount for employees in State Bargaining Unit 16.(L)Seventeen million dollars ($17,000,000) to the subaccount for employees in State Bargaining Unit 18.(M)Seventeen million dollars ($17,000,000) to the subaccount for employees in State Bargaining Unit 19.(N)Fourteen million dollars ($14,000,000) to the subaccount for employees described in paragraph (1) of subdivision (g) of Section 22944.5 of the Government Code.(b)Beginning July 1, 2021, the appropriation made in paragraph (1) of subdivision (a) shall be applied to the employee contribution required to prefund retiree health care and other postemployment benefits described in paragraph (2) of subdivision (a) that equates to the suspended contribution amount for the 202021 fiscal year. SEC. 5.Chapter 4 (commencing with Section 2693) is added to Part 11 of Division 2 of the Labor Code, to read:4.Garment worker wage claim pilot program2693.The Legislature finds and declares that the garment industry is rife with both egregious wage violations and flagrant health and safety violations, both of which have been allowed to proliferate in the pandemic, leading to the deaths of dozens of garment workers. However, not all workers who experience these violations have access to advocates in order to vindicate their rights, due to the limited capacity of legal aid and community-based organizations.2693.1.(a)Upon appropriation by the Legislature, the Department of Industrial Relations shall establish and maintain a Garment Worker Wage Claim Pilot Program. The Department shall contract to provide resources to qualified organizations. The funds shall be used to increase the capacity and expertise of qualified organizations to improve the education of wage violations to garment workers and the securing of wage claims for garment workers who bring forward a wage claim pursuant to Section 2673.1. The program shall include, but not be limited to, all of the following:(1)Education for garment workers including, but not limited to, minimum wage, overtime, sick leave, recordkeeping, wage adjudication, and retaliation.(2)Direct assistance by a worker advocate to assist workers who seek to file a wage claim.(3)Legal assistance to garment workers who seek to file a wage claim.(b)All education and services provided in this section shall be at free and accessible to any garment worker in the State of California.(c)For the purposes of this chapter, qualified organization means a legal aid or community-based nonprofit organization that has a minimum of five years experience working with garment workers, advocating on behalf of garment workers, and a successful record of winning wage claims on behalf of garment workers that have been filed with the Division of Labor Standards Enforcement.SEC. 6.Section 316 of the Unemployment Insurance Code is amended to read:316.(a)For purposes of this section, the following definitions shall apply:(1)Additional languages means the top 8 to 15 non-English and nonprimary languages used by limited English proficient adults in California according to the most recent American Community Survey by the United States Census Bureau.(A)Whether referring to written or spoken languages, the eight additional languages in 2021 are Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer (Cambodian), and Thai.(B)The department shall thereafter review, evaluate, and update the list of additional languages at least every three years. In determining how many languages to include in the definition of additional languages, the department may consider various data sources, including, but not limited to, the United States Census Bureau, including the American Community Survey, other state and local government agencies, feedback from community-based organizations, and the departments own data tracking measures.(2)Limited English proficient means individuals who do not speak English as their primary language and who have a limited ability to read, write, understand, or speak English.(3)Linguistic variant means a distinct form of a language used by people from a specific country or region.(4)Multilingual access portal means the section of the departments website that synthesizes critical website content and features all translated vital unemployment insurance documents.(5)Primary languages means the top seven non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau.(A)When referring to written languages, the top seven languages are Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian.(B)When referring to spoken languages, the top seven languages are Spanish, Cantonese, Mandarin, Vietnamese, Tagalog, Korean, and Armenian.(6)Vital information means information, whether written, oral, or electronic, that is necessary for an individual to understand how to obtain any aid, benefit, service, or training or is required by law.(b)There shall be maintained within an appropriate division of the department, a bureau, section, or unit relating to education and public instruction for the purpose of informing employers and workers of their rights and responsibilities under this code, and of instructing the public generally concerning its basic purposes, provisions, and operations. All standard information employee pamphlets concerning unemployment and disability insurance programs shall be printed in English and the primary languages.(c)Commencing no later than June 1, 2022, each application for unemployment insurance shall contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individuals claims record.(d)Commencing no later than January 1, 2022, the department shall provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff.(1)If the department staff cannot obtain interpretation in the individuals language and linguistic variant in real time after good faith efforts to acquire language services, the department shall provide the individual with a return telephone or relay call in the individuals language within a reasonable timeframe.(2)Upon the individuals request, a qualified interpreter shall read the departments documents and notices aloud in the individuals preferred language within a reasonable timeframe.(e)(1)Commencing no later than December 1, 2022, the department shall do all of the following:(A)Provide dedicated phone lines for unemployment insurance claims in the primary languages in an effort to provide consistent wait times across all phone lines and collect and review data on phone usage by limited English proficient individuals.(B)Translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages.(C)If the individuals language is not among the primary or additional languages, then upon the individuals request, provide the individual with translation or oral or signed interpretation of documents in their preferred language.(2)All vital documents described in this subdivision shall be available on the department website.(f)The department shall translate the UI Online interface in the primary languages. The department shall make the translated UI Online interface available upon completion of the translation of each primary language, ending no later than April 1, 2024.(g)The department shall establish and host a primary language multilingual access portal for unemployment insurance. The department shall make the content available upon completion of the translation of each primary language, ending no later than February 1, 2024.(h)Before the completion of the multilingual access portal described in subdivision (g), the department shall display both of the following on its internet website organized and translated by language:(1)Available translated notices and other vital documents.(2)The appropriate department phone number or phone numbers for individuals to contact when seeking multilingual unemployment insurance services in their preferred written or spoken language.(i)Commencing no later than March 1, 2022, the department shall do all of the following:(1)Engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, including, but not limited to, all of the following activities:(A)Conduct targeted outreach to limited English proficient communities to solicit advice on policies and practices affecting individuals who are eligible for the departments services and benefits.(B)Market and promote its programs and services in the primary languages to the general public and limited English proficient communities.(C)Establish a grant program lasting at least two years to provide funding for community-based organizations to provide outreach and education to limited English proficient communities.(2)Employ a multilingual access coordinator and multilingual access unit to coordinate the departments multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services.(j)The department shall engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services. The department shall annually report this data to the legislative budget committees.(k)The provision of unemployment insurance language services shall not cause an undue delay in receipt of services or benefits. If the departments provision of language services unduly delays an individuals receipt of services or benefits, the individuals time to meet the departments deadlines shall be extended for the period of time necessary to receive the language services.(l)No later than July 1, 2022, the department shall report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs.(m)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.SEC. 7.Section 340 is added to the Unemployment Insurance Code, to read:340.(a)(1)The department shall provide a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee.(2)The department shall provide a report with an update on its progress on performing the assessment that the plan identified pursuant to paragraph (1) by July 1, 2022, to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee.(b)On or before January 1, 2023, and annually thereafter, the department shall analyze and assess the effectiveness of its fraud prevention and detection tools and shall submit this analysis and assessment to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee. Details on fraud methods and tools may be generalized, excluded, or redacted to protect the fraud deterrence practices of the department.(c)The plan, assessments, and reports required by this section shall be provided consistent with the requirements of Section 9795 of the Government Code.SEC. 8.Section 823 of the Unemployment Insurance Code is amended to read:823.(a)For the purpose of payment by each school employer of all or part of the charges for unemployment compensation benefits, fees, assessments, interest, penalties, billings, notices, and other expenses of unemployment insurance for school employees pursuant to this part, moneys budgeted pursuant to subdivisions (b) and (c) shall be remitted by the school employer or on the school employers behalf by the county auditor to the Treasurer pursuant to this article, and shall be deposited in the School Employees Fund.(b)(1)For each fiscal year, except as provided in subdivision (c), each school employer shall budget and remit on or before the last day of the calendar month following the close of each calendar quarter to the Treasurer for deposit in the School Employees Fund in the State Treasury an amount determined by multiplying the contribution rate for the fiscal year by the total wages, including taxable wages as well as wages which would be taxable except for the limitation on taxable wages provided under Section 930, but excluding, to the extent permitted by federal law, wages paid to any individual to the extent that federal law provides for reimbursement to the State of California for all benefits paid from the Unemployment Fund to the individual based on the wages.The administrator shall, not later than March 31 each year, notify all school employers participating in the School Employees Fund of the contribution rate for the succeeding fiscal year.(2)The contribution rate for the fiscal year beginning July 1, 1988, and for each subsequent fiscal year shall be two times the amount disbursed for claims management fees, unemployment insurance benefit charges, and School Employees Fund administrative expenditures from the School Employees Fund during the 12-month period ending December 31 and immediately preceding the fiscal year for which the rate is to be effective, less the amount in the School Employees Fund on that December 31, with the resulting figure divided by total wages as described in paragraph (1) for the 12-month period ending June 30 and immediately preceding that December 31, and then rounded to the nearest one-hundredth of 1 percent. In no event shall the contribution rate be less than five one-hundredths of 1 percent.(3)Notwithstanding paragraph (2), the contribution rate for the fiscal year beginning July 1, 2021, and for the subsequent fiscal year beginning July 1, 2022, shall be five-tenths of 1 percent.(c)If the administrator finds that the ability of the School Employees Fund to meet its estimated obligations promptly when due will become endangered, the administrator shall increase the contribution rate otherwise provided by this section to a level estimated to be needed to protect the solvency of the fund, except that the rate shall not be increased to more than three-tenths of 1 percent. If the administrator finds that the School Employees Fund balance is in excess of an adequate reserve to meet its estimated obligations promptly when due, the administrator shall, after consultation with the funds School Advisory Committee, decrease the contribution rate otherwise provided by this section, except that the rate shall not be decreased to less than one-tenth of 1 percent. The administrator shall notify all school employers participating in the fund of any increased or decreased contribution rate under this authority.(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 9.Section 823 is added to the Unemployment Insurance Code, to read:823.(a)For the purpose of payment by each school employer of all or part of the charges for unemployment compensation benefits, fees, assessments, interest, penalties, billings, notices, and other expenses of unemployment insurance for school employees pursuant to this part, moneys budgeted pursuant to subdivisions (b) and (c) shall be remitted by the school employer or on the school employers behalf by the county auditor to the Treasurer pursuant to this article, and shall be deposited in the School Employees Fund.(b)(1) For each fiscal year, except as provided in subdivision (c), each school employer shall budget and remit on or before the last day of the calendar month following the close of each calendar quarter to the Treasurer for deposit in the School Employees Fund in the State Treasury an amount determined by multiplying the contribution rate for the fiscal year by the total wages, including taxable wages as well as wages which would be taxable except for the limitation on taxable wages provided under Section 930, but excluding, to the extent permitted by federal law, wages paid to any individual to the extent that federal law provides for reimbursement to the State of California for all benefits paid from the Unemployment Fund to the individual based on the wages.The administrator shall, not later than March 31 each year, notify all school employers participating in the School Employees Fund of the contribution rate for the succeeding fiscal year.(2)The contribution rate for the fiscal year beginning July 1, 1988, and for each subsequent fiscal year shall be two times the amount disbursed for claims management fees, unemployment insurance benefit charges, and School Employees Fund administrative expenditures from the School Employees Fund during the 12-month period ending December 31 and immediately preceding the fiscal year for which the rate is to be effective, less the amount in the School Employees Fund on that December 31, with the resulting figure divided by total wages as described in paragraph (1) for the 12-month period ending June 30 and immediately preceding that December 31, and then rounded to the nearest one-hundredth of 1 percent. In no event shall the contribution rate be less than five one-hundredths of 1 percent.(c)If the administrator finds that the ability of the School Employees Fund to meet its estimated obligations promptly when due will become endangered, the administrator shall increase the contribution rate otherwise provided by this section to a level estimated to be needed to protect the solvency of the fund, except that the rate shall not be increased to more than three-tenths of 1 percent. If the administrator finds that the School Employees Fund balance is in excess of an adequate reserve to meet its estimated obligations promptly when due, the administrator shall, after consultation with the funds School Advisory Committee, decrease the contribution rate otherwise provided by this section, except that the rate shall not be decreased to less than one-tenth of 1 percent. The administrator shall notify all school employers participating in the fund of any increased or decreased contribution rate under this authority.(d)This section shall become operative on January 1, 2024.SEC. 10.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 under 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 of consumers served by that department for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness 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 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 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.SEC. 11.Section 1339 of the Unemployment Insurance Code is amended to read:1339.(a)(1)The department shall pay unemployment compensation benefits through public employment offices or such other agency as may be prescribed by authorized regulations of the director.(2)Beginning January 1, 2024, the department shall provide a person entitled to receive unemployment compensation benefits the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in subdivision (a) of Section 1339.1, of the recipients choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. (b)Each check or certification (pay order) issued in payment of unemployment insurance compensation benefits shall have prominently imprinted upon it: State unemployment insurance benefits under the California Unemployment Insurance Code are paid for by employers.SEC. 12.Section 2655 of the Unemployment Insurance Code is amended to read:2655.(a)Except as provided in subdivisions (b), (c), (d), (e), and (f), an individuals weekly benefit amount shall be the amount appearing in column B in the table set forth in this subdivision on the line of which in column A of the table there appears the wage bracket containing the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which wages were the highest.AAmount of wages inhighest quarterBWeekly benefitamount $751,149.99$501,1501,174.99511,1751,199.99521,2001,224.99531,2251,249.99541,2501,274.99551,2751,299.99561,3001,324.99571,3251,349.99581,3501,374.99591,3751,399.99601,4001,424.99611,4251,449.99621,4501,474.99631,4751,499.99641,5001,524.99651,5251,549.99661,5501,574.99671,5751,599.99681,6001,624.99691,6251,649.99701,6501,674.99711,6751,699.99721,7001,724.99731,7251,749.2074(b)For periods of disability commencing on or after January 1, 1990, and prior to January 1, 1991, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding two hundred sixty-six dollars ($266) or the maximum workers compensation temporary disability indemnity weekly benefit amount, whichever is less. If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(c)For periods of disability commencing on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding three hundred thirty-six dollars ($336). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(d)(1)For periods of disability commencing on or after January 1, 2000, but before January 1, 2018, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount.(2)Notwithstanding the maximum workers compensation temporary disability indemnity weekly benefit amount of paragraph (1), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(e)For periods of disability commencing on and after January 1, 2018, but before January 1, 2023, an individuals weekly benefit amount shall be as follows:(1)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than nine hundred twenty-nine dollars ($929), then fifty dollars ($50).(2)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is nine hundred twenty-nine dollars ($929) or more, and is less than one-third of the amount of the state average quarterly wage, then 70 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(3)Except as provided in paragraph (4), when the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is one-third of the amount of the state average quarterly wage, or more, then either (A) 23.3 percent of the state average weekly wage or (B) 60 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest divided by 13, whichever amount is greater. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(4)An individuals weekly benefit amount shall not exceed the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.(f)(1)For periods of disability commencing on or after January 1, 2023, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code.(2)Notwithstanding the maximum workers compensation temporary disability indemnity weekly benefit amount of paragraph (1) of subdivision (d), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1).(g)For purposes of this section:(1)State average quarterly wage means the state average weekly wage multiplied by 13.(2)State average weekly wage means the average weekly wage paid by employers to employees covered by unemployment insurance as reported by the United States Department of Labor for California for the 12 months ending on March 31 of the calendar year preceding the year in which the disability occurred.SEC. 13.Section 2701 of the Unemployment Insurance Code is amended to read:2701.(a)Disability benefits shall be paid by the department through public employment offices or other agencies approved by the director.(b)Beginning January 1, 2024, the department shall provide a person entitled to receive disability benefits and family temporary disability insurance benefits under Chapter 7 (commencing with Section 3300) the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in subdivision (a) of Section 1339.1, of the recipients choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. SEC. 14.Section 14005 of the Unemployment Insurance Code is amended to read:14005.For purposes of this division:(a)Board means the California Workforce Development Board.(b)Agency means the Labor and Workforce Development Agency.(c)Career pathways, career ladders, or career lattices are an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time. Career pathways, career ladders, and career lattices offer combined programs of rigorous and high-quality education, training, and other services that do all of the following:(1)Align with the skill needs of industries in the economy of the state or regional economy involved.(2)Prepare an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the National Apprenticeship Act of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of Title 29 of the United States Code.(3)Include counseling to support an individual in achieving the individuals education and career goals.(4)Include, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster.(5)Organize education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable.(6)Enable an individual to attain a secondary school diploma or its recognized equivalent, and at least one recognized postsecondary credential.(7)Help an individual enter or advance within a specific occupation or occupational cluster.(d)Cluster-based sector strategies mean methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area.(e)Data driven means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets.(f)Economic security means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the workers community, and other factors that may vary by region.(g)Evidence-based means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence.(h)High-priority occupations mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand, or projected to be in demand, by employers, and pay or lead to payment of a wage that provides economic security.(i)(1)In-demand industry sector or occupation means either of the following:(A)An industry sector that has a substantial current or potential impact, including through jobs that lead to economic self-sufficiency and opportunities for advancement, on the state, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors.(B)An occupation that currently has or is projected to have a number of positions, including positions that lead to economic self-sufficiency and opportunities for advancement, in an industry sector so as to have a significant impact on the state, regional, or local economy, as appropriate.(2)The determination of whether an industry sector or occupation is in-demand under this subdivision shall be made by the board or local board, or through the regional planning process in which local boards participate under the Workforce Innovation and Opportunity Act, as appropriate, using state and regional business and labor market projections, including the use of labor market information.(j)Individual with employment barriers means an individual with any characteristic that substantially limits an individuals ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency, including members of all of the following groups:(1)Displaced homemakers.(2)Low-income individuals.(3)Indians, Alaska Natives, and Native Hawaiians, as those terms are defined in Section 3221 of Title 29 of the United States Code.(4)Individuals with disabilities, including youths who are individuals with disabilities.(5)Older individuals.(6)Ex-offenders.(7)Homeless individuals, as defined in Section 14043e-2(6) of Title 42 of the United States Code, or homeless children and youths, as defined in Section 11434a(2) of Title 42 of the United States Code.(8)Youth who are in, or have aged out of, the foster care system.(9)Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers.(10)Eligible migrant and seasonal farmworkers, as defined in Section 3322(i) of Title 29 of the United States Code.(11)Individuals within two years of exhausting lifetime eligibility under Part A of Title IV of the Social Security Act (42 U.S.C. Sec. 601 et seq.).(12)Single parents, including single, pregnant women.(13)Long-term unemployed individuals.(14)Transgender and gender nonconforming individuals.(15)Any other groups as the Governor determines to have barriers to employment.(k)Industry cluster means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market.(l)Industry or sector partnership means a workforce collaborative, convened or acting in partnership with the board or a local board, that does the following:(1)Organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stages of development of the partnership:(A)Representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable.(B)One or more representatives of a recognized state labor organization or central labor council, or another labor representative, as appropriate.(C)One or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster.(2)The workforce collaborative may include representatives of any of the following:(A)State or local government.(B)State or local economic development agencies.(C)State boards or local boards, as appropriate.(D)A state workforce agency or entity providing employment services.(E)Other state or local agencies.(F)Business or trade associations.(G)Economic development organizations.(H)Nonprofit organizations, community-based organizations, or intermediaries.(I)Philanthropic associations.(J)Industry associations.(K)Other organizations, as determined to be necessary by the members comprising the industry sector or partnership.(m)Industry sector means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market.(n)Local labor federation means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council of California.(o)Sector strategies means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics:(1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security.(2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations.(3)May be implemented using articulated career pathways or lattices and a system of stackable credentials.(4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans.(5)Frequently are implemented using industry or sector partnerships.(6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions.(p)Workforce Innovation and Opportunity Act of 2014 means the federal act enacted as Public Law 113-128.(q)(1)Earn and learn includes, but is not limited to, a program that does either of the following:(A)Combines applied learning in a workplace setting with compensation allowing workers or students to gain work experience and secure a wage as they develop skills and competencies directly relevant to the occupation or career for which they are preparing.(B)Brings together classroom instruction with on-the-job training to combine both formal instruction and actual paid work experience.(2)Earn and learn programs include, but are not limited to, all of the following:(A)Apprenticeships.(B)Preapprenticeships.(C)Incumbent worker training.(D)Transitional and subsidized employment, particularly for individuals with barriers to employment.(E)Paid internships and externships.(F)Project-based compensated learning.(r)High road means a set of economic and workforce development strategies to achieve economic growth, economic equity, shared prosperity and a clean environment. The strategies include, but are not limited to, interventions that:(1)Improve job quality and job access, including for women and people from underserved and underrepresented populations.(2)Meet the skill and profitability needs of employers.(3)Meet the economic, social, and environmental needs of the community.(s)High road training partnership means an initiative or project that models strategies for developing industry-based, worker-focused training partnerships, including labor-management partnerships. High Road Training partnerships operate via regional, industry- or sector-based training partnerships comprised of employers, workers, and their representatives including organized labor, community-based organizations, education, training, and social services providers, and labor market intermediaries. High Road Training partnerships demonstrate job quality standards and employment practices that include, but are not limited to, the following:(1)Provision of comparatively good wages and benefits, relative to the industry, occupation, and labor market in which participating workers are employed.(2)Payment of workers at or above local or regional living wage standards as well as payment at or above regional prevailing wage standards where such standards exist for the occupations in question.(3)A history of investment in employee training, growth, and development.(4)Provision of opportunities for career advancement and wage growth.(5)Safe and healthy working conditions.(6)Consistent compliance with workplace laws and regulations, including proactive efforts to remedy past problems.(7)Adoption of mechanisms to include worker voice and agency in the workplace.(t)High road construction careers are high road training partnerships that invest in regional training partnerships comprised of local building trades councils, workforce, community, and education interests that connect to state-approved apprenticeship programs, that utilize the standard Multi-Craft Core preapprenticeship training curriculum and provide a range of supportive services and career placement assistance to women and people from underserved and underrepresented populations.(u)Career advancement means demonstrated progression along a career ladder as evidenced by both wage growth and occupational advancement.SEC. 15.Section 14013 of the Unemployment Insurance Code is amended to read:14013.The board shall assist the Governor in the following:(a)Promoting the development of a well-educated and highly skilled 21st century workforce, and the development of a high road economy that offers an educated and skilled workforce with fair compensation and treatment in the workplace.(b)Developing, implementing, and modifying the State Plan. The State Plan shall serve as the comprehensive framework and coordinated plan for the aligned investment of all federal and state workforce training and employment services funding streams and programs. To the extent feasible and when appropriate, the State Plan should reinforce and work with adult education and career technical education efforts that are responsive to labor market trends, as well as economic trends that impact the labor market and workforce, including, but not limited to, climate change, automation of work, and employment.(c)The review and technical assistance of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the state to align workforce, education, training, and employment funding programs in the state in a manner that supports a comprehensive, high-quality, and streamlined workforce development system in the state, including the review and provision of comments on the State Plan, if any, for programs and activities of one-stop partners that are not core programs.(d)Developing and continuously improving the statewide workforce investment system, including:(1)The identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system.(2)The development, promotion, and implementation of strategies, as well as the administration of, an field assistance for, programs to advance the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, and including individuals with disabilities, with workforce investment activities, education, and supportive services to enter or retain high-quality employment. To the extent permissible under state and federal laws, these policies and strategies should support linkages between kindergarten and grades 1 to 12, inclusive, and community college educational systems in order to help secure educational and career advancement. These policies and strategies may be implemented using a sector strategies framework and should ultimately lead to placement in a job providing economic security or job placement in an entry-level job that has a well-articulated career pathway or career ladder to a job providing economic security.(3)The development, promotion, and implementation of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system.(4)The development, promotion, and implementation of strategies, as well as the administration of, and field assistance for, programs that meet the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations, including policies targeting resources to competitive and emerging industry sectors and industry clusters that provide economic security and are either high-growth sectors or critical to Californias economy, or both. These industry sectors and clusters shall have significant economic impacts on the state and its regional and workforce development needs, including, but not limited to, Californias transition to a carbon neutral economy, and have documented career opportunities.(5)Consistent with the definitions in Section 14005, developing standards, procedures, and criteria for defining high road employers, high road jobs, high road workforce development, and high road training partnerships in California, in accordance with lessons learned from the boards ongoing high road workforce development initiatives.(6)The administration, promotion, and expansions of, as well as field assistance for, high road training partnerships, as defined in Section 14005.(7)The administration, promotion, and expansion of, as well as field assistance for, high road construction careers, as defined in Section 14005.(8)Recommending adult and dislocated worker training policies and investments that offer a variety of career opportunities while upgrading the skills of Californias workforce. These may include training policies and investments pertaining to any of the following:(A)Occupational skills training, including training for nontraditional employment.(B)On-the-job training.(C)Incumbent worker training in accordance with Section 3174(d)(4) of Title 29 of the United States Code.(D)Programs that combine workplace training with related instruction, which may include cooperative education programs.(E)Training programs operated by the private sector.(F)Skill upgrading and retraining.(G)Entrepreneurial training.(H)Transitional jobs in accordance with Section 3174(d)(5) of Title 29 of the United States Code.(I)Job readiness training provided in combination with any of the services described in subparagraphs (A) to (H), inclusive.(J)Adult education and literacy activities provided in combination with any of the services described in subparagraphs (A) to (G), inclusive.(K)Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.(e)The identification of regions, including planning regions, for the purposes of Section 3121(a) of Title 29 of the United States Code, and the designation of local areas under Section 3121 of Title 29 of the United States Code, after consultation with local boards and chief elected officials.(f)The development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, job seekers, and employers.(g)Recommending strategies to the Governor for strategic training investments of the Governors 15-percent discretionary funds.(h)Developing strategies to support staff training and awareness across programs supported under the workforce development system.(i)The development and updating of comprehensive state performance accountability measures, including state-adjusted levels of performance, to assess the effectiveness of the core programs in the state as required under Section 3141(b) of Title 29 of the United States Code. As part of this process the board shall do all of the following:(1)Develop a workforce metrics dashboard, to be updated annually, that measures the states human capital investments in workforce development to better understand the collective impact of these investments on the labor market. The board shall determine the approach for measuring labor market impacts, provided that, to the extent feasible, the board uses statistically rigorous methodologies to estimate, assess, and isolate the impact of programs on participant outcomes. The workforce metrics dashboard shall be produced, to the extent feasible, using existing available data and resources that are currently collected and accessible to state agencies. The board shall convene workforce program partners to develop a standardized set of inputs and outputs for the workforce metrics dashboard. The workforce metrics dashboard shall do all of the following:(A)Provide a status report on credential attainment, training completion, degree attainment, and participant earnings from workforce education and training programs. The board shall publish and distribute the final report.(B)Provide demographic breakdowns, including, to the extent possible, race, ethnicity, age, gender, veteran status, wage and credential or degree outcomes, and information on workforce outcomes in different industry sectors.(C)Measure, at a minimum and to the extent feasible with existing resources, the performance of the following workforce programs: community college career technical education, the Employment Training Panel, Title I and Title II of the federal Workforce Investment Act of 1998 (Public Law 105-220), Title I and Title II of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128), Trade Adjustment Assistance, and state apprenticeship programs.(D)Measure participant earnings in California, and to the extent feasible, in other states. The Employment Development Department shall assist the board by calculating aggregated participant earnings using unemployment insurance wage records, without violating any applicable confidentiality requirements.(2)The State Department of Education is hereby authorized to collect the social security numbers of adults participating in adult education programs so that accurate participation in those programs can be represented in the workforce metrics dashboard. However, an individual shall not be denied program participation if the individual refuses to provide a social security number. The State Department of Education shall keep this information confidential, except, the State Department of Education is authorized to share this information, unless prohibited by federal law, with the Employment Development Department, the board, or the boards designee, who shall keep the information confidential and use it only to track the labor market and other outcomes described in subparagraph (A) of paragraph (1) of program participants in compliance with all applicable state and federal laws and mandates, including all performance reporting requirements under the Workforce Innovation and Opportunity Act.(3)(A)Participating workforce programs, including, but not limited to, those specified in subparagraph (C) of paragraph (1), shall provide participant data in a standardized format to the Employment Development Department, the board, or the boards designee.(B)The Employment Development Department, the board, or the boards designee, shall aggregate data provided by participating workforce programs and shall report the data, organized by demographics, earnings, and industry of employment, to the board to assist the board in producing the annual workforce metrics dashboard.(4)The board shall ensure that a designee has the technical and operational capability of meeting appropriate privacy and security requirements.(j)The identification and dissemination of information on best practices, including best practices for all of the following:(1)The effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment.(2)The development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness.(3)Effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individuals prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways.(k)The development and review of statewide policies affecting the coordinated provision of services through the states one-stop delivery system described in Section 3151(e) of Title 29 of the United States Code, including the development of all of the following:(1)Objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in Section 3151(e) of Title 29 of the United States Code.(2)Guidance for the allocation of one-stop center infrastructure funds under Section 3151(h) of Title 29 of the United States Code.(3)Policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such a system.(l)The development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to all of the following:(1)Enhance digital literacy skills, as defined in Section 9101 of Title 20 of the United States Code, referred to in this division as digital literacy skills.(2)Accelerate the acquisition of skills and recognized postsecondary credentials by participants.(3)Strengthen the professional development of providers and workforce professionals.(4)Ensure the technology is accessible to individuals with disabilities and individuals residing in remote areas.(m)The development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures, including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs.(n)The development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United States Code.(o)The preparation of the annual reports described in paragraphs (1) and (2) of Section 3141(d) of Title 29 of the United States Code.(p)The development of the statewide workforce and labor market information system described in Section 49l2(e) of Title 29 of the United States Code.(q)By July 1, 2020, the development, in conjunction with the Employment Development Department and with input from local workforce development boards, of a policy regarding mutual aid agreements between and among local workforce development boards to enable them to effectively respond to disasters and that is consistent with applicable state and federal law.(r)The development of other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the state.(s)Helping individuals with barriers to employment, including low-skill, low-wage workers, the long-term unemployed, and members of single-parent households, achieve economic security and upward mobility by implementing policies that encourage the attainment of marketable skills relevant to current labor market trends.SEC. 16.Section 14014 is added to the Unemployment Insurance Code, to read:14014.(a)Consistent with the intent of paragraph (3) of subdivision (b) of Section 14000, the California Workforce Development Board shall collect and report program and outcome data for its high road workforce programs.(b)Pursuant to subdivision (a), all of the following shall apply:(1)The Employment Development Department shall make available to the board any and all wage and employment data necessary to evaluate all relevant programs and grants.(2)All grant applicants and program beneficiaries participating in a high road training partnership program shall provide any and all necessary information to the state to facilitate public transparency, accountability, and grant and program performance evaluation, including any relevant data needed to determine the outcomes and benefits of programing and grants funded for program participants, high road training partnerships, industry, and the workforce system.(3)All grants and programming shall be evaluated using criteria, metrics, and data that include, but are not limited to, information pertaining to the ability of grantees and program administrators to conduct and complete relevant programming as demonstrated through appropriate quantitative and qualitative analysis, including the use of appropriate outcome metrics.(4)For funds and grants providing direct workforce, training, and education services to individuals, the board shall report all of the following:(A)Who is receiving the services, including data on the demographics of the individuals receiving services.(B)The nature of the services received collected at the individual level.(C)Data pertaining to participant program and employment outcomes of individuals receiving services including:(i)The employment rates of individuals served to measure initial job placement and retention over time.(ii)The wages and wage growth of individuals served during and after program participation.(5)Recognizing that the outcome data specified in this section frequently lags program implementation activities, progress reports and interim evaluation reports consistent with the requirements of this section shall be provided to the Legislature by the board, after it receives and administers funding under the relevant budget allocations, by October 1 of even-numbered years utilizing whatever program participant and outcome data is available. The report shall also include, but not be limited to, the number of grants awarded, the average award amounts, geographic distribution of awards, and types of industries awarded.(6)Final evaluation reports for all grants and programs shall be provided to the Legislature 18 months after all available labor market outcome data specified in this section becomes available.SEC. 17.Section 14017 of the Unemployment Insurance Code is amended to read:14017.(a)In efforts to expand job training and employment for allied health professions, the California Workforce Development Board, in consultation with the Division of Apprenticeship Standards, shall do the following:(1)Identify opportunities for earn and learn job training opportunities that meet the industrys workforce demands and that are in high road, high-demand jobs.(2)Identify and develop specific requirements and qualifications for entry into earn and learn job training models.(3)Establish standards for earn and learn job training programs that are outcome oriented and accountable. The standards shall measure the results from program participation, including a measurement of how many complete the program with an industry-recognized credential that certifies that the individual is ready to enter the specific allied health profession for which the individual has been trained.(4)Develop means to identify, assess, and prepare a pool of qualified candidates seeking to enter earn and learn job training models.(b)(1)The board, on or before December 1, 2015, shall prepare and submit to the appropriate policy committees of the Legislature a report on the findings and recommendations of the board.(2)The requirement for submitting a report imposed pursuant to this subdivision is inoperative on January 1, 2019, pursuant to Section 10231.5 of the Government Code.(c)(1)The Department of Consumer Affairs shall engage in a stakeholder process to update policies and remove barriers to facilitate the development of earn and learn training programs in the allied health professions, including barriers identified in the report prepared by the board pursuant to subdivision (b), entitled Expanding Earn and Learn Models in the California Health Care Industry. The stakeholder process shall include all of the following:(A)The department convening allied health workforce stakeholders, which shall include, but are not limited to, the departments relevant licensure boards, the Division of Apprenticeship Standards, representatives appointed by the board of governors from the California community college system, the California Workforce Development Board, and the State Department of Public Health, and which may include other relevant entities such as the Office of Statewide Health Planning and Development, employer and worker representatives, and community-based organizations.(B)Addressing issues that include, but are not limited to, prelicensure classifications in allied health occupations that would allow students, in a supervised setting, to gain experience in their chosen field before obtaining licensure, and the payment of wages while in a workplace-based training program.(C)The department ensuring that existing standards of consumer protection are maintained.(D) Sharing any statutory barriers identified through this process with the relevant committees of the Legislature.(2)The process described in paragraph (1) shall be completed by, and this subdivision shall be inoperative on, January 1, 2020.SEC. 18.The Legislature finds and declares all of the following:(a)California has one of the countrys most diverse populations, including nearly 5,000,000 adults whose primary spoken or written language is not English.(b)The Employment Development Department (EDD) offers a number of translation and interpretation services.(c)It is the intent of the Legislature, in enacting the amendments to Sections 316 of the Unemployment Insurance Code made by this act, to take additional steps to ensure that all Californians seeking unemployment insurance services have meaningful access to EDD services and programs. SEC. 19.The Legislature finds and declares that the addition of Section 340 to the Unemployment 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:In order to protect the fraud deterrence practices of the Employment Development Department, the interest in the public disclosure of fraud deterrence information is outweighed by the interest in maintaining the confidentiality of this information.SEC. 20.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. | |
| 103 | 190 | ||
| 104 | 191 | The people of the State of California do enact as follows: | |
| 105 | 192 | ||
| 106 | 193 | ## The people of the State of California do enact as follows: | |
| 107 | 194 | ||
| 108 | - | SECTION 1. | |
| 195 | + | SECTION 1. It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022. | |
| 109 | 196 | ||
| 110 | - | SECTION 1. Section 6254.36 is added to the Government Code, to read: | |
| 197 | + | SECTION 1. It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022. | |
| 198 | + | ||
| 199 | + | SECTION 1. It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022. | |
| 111 | 200 | ||
| 112 | 201 | ### SECTION 1. | |
| 113 | 202 | ||
| 114 | - | 6254.36. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:(1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient.(2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document.(3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto.(4) Any record containing information claimed to be trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider.(b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 2 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7) the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010.(c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials that is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board.(d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 115 | - | ||
| 116 | - | 6254.36. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:(1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient.(2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document.(3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto.(4) Any record containing information claimed to be trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider.(b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 2 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7) the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010.(c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials that is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board.(d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 117 | - | ||
| 118 | - | 6254.36. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:(1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient.(2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document.(3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto.(4) Any record containing information claimed to be trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider.(b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 2 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7) the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010.(c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials that is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board.(d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 119 | 203 | ||
| 120 | 204 | ||
| 121 | 205 | ||
| 122 | - | 6254.36. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information: | |
| 123 | 206 | ||
| 124 | - | (1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient. | |
| 125 | - | ||
| 126 | - | (2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document. | |
| 127 | - | ||
| 128 | - | (3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto. | |
| 129 | - | ||
| 130 | - | (4) Any record containing information claimed to be trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider. | |
| 131 | - | ||
| 132 | - | (b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 2 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7) the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010. | |
| 133 | - | ||
| 134 | - | (c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials that is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board. | |
| 135 | - | ||
| 136 | - | (d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 137 | - | ||
| 138 | - | SEC. 2. Section 7929.011 is added to the Government Code, to read:7929.011. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:(1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient.(2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document.(3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto.(4) Any record containing information claimed to be a trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider.(b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 6.7 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7), the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010.(c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials this is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board.(d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 139 | - | ||
| 140 | - | SEC. 2. Section 7929.011 is added to the Government Code, to read: | |
| 141 | - | ||
| 142 | - | ### SEC. 2. | |
| 143 | - | ||
| 144 | - | 7929.011. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:(1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient.(2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document.(3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto.(4) Any record containing information claimed to be a trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider.(b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 6.7 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7), the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010.(c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials this is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board.(d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 145 | - | ||
| 146 | - | 7929.011. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:(1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient.(2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document.(3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto.(4) Any record containing information claimed to be a trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider.(b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 6.7 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7), the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010.(c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials this is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board.(d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 147 | - | ||
| 148 | - | 7929.011. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:(1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient.(2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document.(3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto.(4) Any record containing information claimed to be a trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider.(b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 6.7 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7), the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010.(c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials this is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board.(d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 207 | + | (a)Pursuant to standards established by the department, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employees or annuitants family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitants official personnel or member file. | |
| 149 | 208 | ||
| 150 | 209 | ||
| 151 | 210 | ||
| 152 | - | 7929.011. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information: | |
| 153 | - | ||
| 154 | - | (1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient. | |
| 155 | - | ||
| 156 | - | (2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document. | |
| 157 | - | ||
| 158 | - | (3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto. | |
| 159 | - | ||
| 160 | - | (4) Any record containing information claimed to be a trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider. | |
| 161 | - | ||
| 162 | - | (b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 6.7 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7), the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010. | |
| 163 | - | ||
| 164 | - | (c) This section shall does not exempt disclosure of bank-produced documents or materials, including staff reports and terms sheets, that are presented to the banks board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the banks board of directors in connection with these bank-produced documents or materials this is provided during, or prior to, the bank board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board. | |
| 165 | - | ||
| 166 | - | (d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. | |
| 167 | - | ||
| 168 | - | SEC. 3. Article 9.5 (commencing with Section 12100.100) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 9.5. California Small Agricultural Business Drought Relief Grant Program12100.100. (a) The Legislature finds and declares that it is in the public interest to assist small agricultural businesses in the State of California that are impacted by severe drought.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought Relief Grant Program.12100.101. For the purposes of this article, unless the context requires otherwise:(a) Applicant means any California taxpayer, including, but not limited to, an individual, corporation, nonprofit organization, cooperative, or partnership, who submits an application for the program.(b) California Small Agricultural Business Drought Relief Grant Program or program means the grant program established by this article.(c) CalOSBA or office means the Office of the Small Business Advocate within the Governors Office of Business and Economic Development.(d) Decline in annual gross receipts or gross profits means a decrease in annual gross receipts or gross profits when comparing the 2022 taxable year to the 2019 taxable year, as documented by tax returns or Internal Revenue Service Form 990.(e) Director means the Director of the Office of the Small Business Advocate.(f) Fiscal agent means a nonprofit or private institution capable of online and mobile application development, customer support, document validation, impact analysis, grant agreements, and awards disbursement, as well as marketing, engagement, and strategic partnerships for implementation.(g) Full-time employee has the same meaning as subdivision (c) of Section 515 of the Labor Code.(h) (1) Qualified small business means a business that meets all of the following criteria, as confirmed by the office or fiscal agent through review of revenue declines, other relief funds received, credit history, tax returns, payroll records, and bank account validation:(A) Is a sole proprietor, independent contractor, C-corporation, S-corporation, cooperative, limited liability company, partnership, nonprofit, or limited partnership, with 100 or fewer full-time employees in the 2022 taxable year.(B) Experienced a decline in annual gross receipts or gross profits of 10 percent or more.(C) Began operating in the state prior to January 1, 2020.(D) Is currently active and operating.(E) Has been affected by severe drought according to the United States Department of Agriculture drought monitor.(F) Provides organizing documents, including a federal tax return or Internal Revenue Service Form 990, and a copy of official filings with the Secretary of State or with the local municipality, as applicable, including, but not limited to, articles of incorporation, certificate of organization, fictitious name of registration, or government-issued business license.(2) Notwithstanding paragraph (1), qualified small business shall not include any of the following:(A) Businesses without a physical presence in the state.(B) Governmental entities, other than Native American tribes, or elected official offices.(C) Businesses primarily engaged in political or lobbying activities, regardless of whether the entity is registered as a 501(c)(3), 501(c)(6), or 501(c)(19) nonprofit entity or other nonprofit entity.(D) Passive businesses, investment companies, and investors who file a Schedule E on their tax returns.(E) Financial institutions or businesses primarily engaged in the business of lending, such as banks, finance companies, and factoring companies.(F) Businesses engaged in any activity that is unlawful under federal, state, or local law.(G) Businesses that restrict patronage for any reason other than capacity.(H) Speculative businesses.(I) Businesses with any owner of greater than 10 percent of the equity interest in it who meets one or more of the following criteria:(i) The owner has, within the prior three years, been convicted, or had a civil judgment rendered against the owner, or has had commenced any form of parole or probation, including probation before judgment, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction, violation of federal or state antitrust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.(ii) The owner is presently indicted for, or otherwise criminally or civilly charged by, a federal, state, or local governmental entity, with commission of any of the offenses enumerated in clause (i).(J) Affiliated companies, as described in Section 121.103 of Title 13 of the Code of Federal Regulations, as it read on August 1, 2022.(K) Other businesses to be determined by the office consistently with the requirements and intent of this subdivision.12100.102. If the office determines that the grantee has failed to meet the criteria for a qualified small business under Section 12100.101, or for a small farmer or socially disadvantaged farmer under Section 12100.103, as may be applicable, a grant may be recaptured, in whole or in part, in accordance with Article 8 (commencing with Section 19294) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code.12100.103. (a) The California Small Agricultural Business Drought Relief Grant Program is hereby created within the office.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions.(d) The office may contract with a fiscal agent to carry out the program, at a rate of no more than 5 percent of the funds appropriated by the Legislature for purposes of the program.(e) Subject to appropriation of funds for grants by the Legislature, the office shall allocate grants to qualified small agricultural businesses that meet the requirements of this article in one or more rounds.(f) (1) The office shall conduct marketing and outreach for equitable awareness and the distribution of grants that includes all of the following:(A) Engaging multiple partners, including, but not limited to, business and nonprofit associations, chambers of commerce, economic development corporations, and other nonprofit mission-based organizations, and organizations with nonprofit expertise.(B) Providing access to technical assistance services covering all counties in the state and in multiple languages to reach non-English-speaking individuals in all counties in the state.(C) Building awareness, including those in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, provide applicant access through multiple branded partner portals, or advertising or social media outreach through owned, paid, or earned media channels.(2) For the qualified small agricultural business portion of the program, the office shall conduct outreach in advance of open application rounds for a minimum of three weeks prior to opening each application round. Following each application round, the fiscal agent shall assess service gaps and address outreach deficiencies as necessary to improve program equity.(3) The office or fiscal agent shall provide information on how to connect to additional support resources to each applicant, whether or not the applicant is selected as a grant recipient.(g) Program grant funds shall be administered as follows:(1) A total of 10 percent of grant funds shall be held for qualified small agricultural businesses that do not file 2022 tax year returns until 2024.(2) A total of 20 percent of grant funds shall be allocated in one or more rounds of grants for small and socially disadvantaged farmers who are qualified small agricultural businesses pursuant to the following:(A) Grants shall be awarded in the following amounts:(i) Twenty thousand dollars ($20,000) for applicants with a decline in annual gross receipts or gross profits of 10 percent or more and less than 30 percent.(ii) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent.(iii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent.(iv) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more.(B) The office or fiscal agent shall allocate 5 percent of program funds to nonprofit entities, tribal governments, resource conservation districts, or other entities with experience providing technical assistance to small farms or socially disadvantaged farmers to provide services to help maximize the participation of small farms or socially disadvantaged farmers in the one or more rounds of grants authorized by this subdivision.(C) For the purposes of this subdivision:(i) Small farm has the meaning described in the publication Updating the ERS Farm Typology, dated April 2013, issued by Economic Research Service of the United States Department of Agriculture.(ii) Socially disadvantaged farmer has the meaning provided by subdivision (b) of Section 512 of the Food and Agricultural Code, as it read on August 1, 2022.(D) For the purposes of this subdivision, the office or fiscal agent may contract with other fiscal agents to provide technical assistance.(E) The office shall consult with the Farm Equity Advisor at the Department of Food and Agriculture for purposes of implementing this subdivision.(3) (A) The remaining percentage of grant funds shall be allocated to qualified small agricultural businesses most impacted by severe drought, including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(i) Codes beginning with 115 Support Activities for Agriculture and Forestry.(ii) Codes beginning with 311 Food Manufacturing.(iii) 424910 Farm Supplies Merchant Wholesalers.(iv) 444240 Nursery, Garden Center, and Farm Supply Retailers.(v) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(B) Grants shall be awarded in the following amounts:(i) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent.(ii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent.(iii) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more.(h) Grant moneys awarded under this section shall only be used for costs to maintain the recipient business through the drought, including the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Working capital and overhead, including rent, utilities, mortgage principal, and interest payments, but excluding mortgage prepayments, and debt obligations, including principal and interest, incurred before the onset of severe drought.(3) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) (1) Applicants may self-identify race, gender, and ethnicity. Within 30 business days of the close of the application period, the office shall post the aggregate data, as available, including by legislative district. Within 45 business days of the close of the application period, the office shall post information on grant amounts actually awarded as it become available. All information shall be posted on offices internet website and the office shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) On or before December 31, 2024, the office shall report to the Legislature the number of grants and dollar amounts awarded for each of the following categories:(A) Race and ethnicity.(B) Women-owned.(C) Veteran-owned.(D) Located in a disadvantaged community pursuant to paragraph (5) of subdivision (h) of Section 12100.83.(E) Located in a rural area.(F) County.(G) State Senate district.(H) State Assembly district. (3) Information report to the Legislature pursuant to this subdivision shall be provided in conformance with the requirements of Section 9795.(j) The fiscal agent, or the office if it does not contract with a fiscal agent, shall issue Internal Revenue Service Forms 1099 to grant recipients and otherwise adhere to tax reporting guidelines, regardless of whether the grants are excluded from gross income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code).12100.104. The office and the Franchise Tax Board may adopt regulations to implement this article. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1) shall not apply to any regulation, standard, criterion, procedure, determination, rule, notice, guideline, or any other guidance established or issued by the office or the Franchise Tax Board pursuant to this article.12100.105. This article shall remain in effect only until January 1, 2025, and as of that date is repealed. | |
| 169 | - | ||
| 170 | - | SEC. 3. Article 9.5 (commencing with Section 12100.100) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: | |
| 171 | - | ||
| 172 | - | ### SEC. 3. | |
| 173 | - | ||
| 174 | - | Article 9.5. California Small Agricultural Business Drought Relief Grant Program12100.100. (a) The Legislature finds and declares that it is in the public interest to assist small agricultural businesses in the State of California that are impacted by severe drought.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought Relief Grant Program.12100.101. For the purposes of this article, unless the context requires otherwise:(a) Applicant means any California taxpayer, including, but not limited to, an individual, corporation, nonprofit organization, cooperative, or partnership, who submits an application for the program.(b) California Small Agricultural Business Drought Relief Grant Program or program means the grant program established by this article.(c) CalOSBA or office means the Office of the Small Business Advocate within the Governors Office of Business and Economic Development.(d) Decline in annual gross receipts or gross profits means a decrease in annual gross receipts or gross profits when comparing the 2022 taxable year to the 2019 taxable year, as documented by tax returns or Internal Revenue Service Form 990.(e) Director means the Director of the Office of the Small Business Advocate.(f) Fiscal agent means a nonprofit or private institution capable of online and mobile application development, customer support, document validation, impact analysis, grant agreements, and awards disbursement, as well as marketing, engagement, and strategic partnerships for implementation.(g) Full-time employee has the same meaning as subdivision (c) of Section 515 of the Labor Code.(h) (1) Qualified small business means a business that meets all of the following criteria, as confirmed by the office or fiscal agent through review of revenue declines, other relief funds received, credit history, tax returns, payroll records, and bank account validation:(A) Is a sole proprietor, independent contractor, C-corporation, S-corporation, cooperative, limited liability company, partnership, nonprofit, or limited partnership, with 100 or fewer full-time employees in the 2022 taxable year.(B) Experienced a decline in annual gross receipts or gross profits of 10 percent or more.(C) Began operating in the state prior to January 1, 2020.(D) Is currently active and operating.(E) Has been affected by severe drought according to the United States Department of Agriculture drought monitor.(F) Provides organizing documents, including a federal tax return or Internal Revenue Service Form 990, and a copy of official filings with the Secretary of State or with the local municipality, as applicable, including, but not limited to, articles of incorporation, certificate of organization, fictitious name of registration, or government-issued business license.(2) Notwithstanding paragraph (1), qualified small business shall not include any of the following:(A) Businesses without a physical presence in the state.(B) Governmental entities, other than Native American tribes, or elected official offices.(C) Businesses primarily engaged in political or lobbying activities, regardless of whether the entity is registered as a 501(c)(3), 501(c)(6), or 501(c)(19) nonprofit entity or other nonprofit entity.(D) Passive businesses, investment companies, and investors who file a Schedule E on their tax returns.(E) Financial institutions or businesses primarily engaged in the business of lending, such as banks, finance companies, and factoring companies.(F) Businesses engaged in any activity that is unlawful under federal, state, or local law.(G) Businesses that restrict patronage for any reason other than capacity.(H) Speculative businesses.(I) Businesses with any owner of greater than 10 percent of the equity interest in it who meets one or more of the following criteria:(i) The owner has, within the prior three years, been convicted, or had a civil judgment rendered against the owner, or has had commenced any form of parole or probation, including probation before judgment, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction, violation of federal or state antitrust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.(ii) The owner is presently indicted for, or otherwise criminally or civilly charged by, a federal, state, or local governmental entity, with commission of any of the offenses enumerated in clause (i).(J) Affiliated companies, as described in Section 121.103 of Title 13 of the Code of Federal Regulations, as it read on August 1, 2022.(K) Other businesses to be determined by the office consistently with the requirements and intent of this subdivision.12100.102. If the office determines that the grantee has failed to meet the criteria for a qualified small business under Section 12100.101, or for a small farmer or socially disadvantaged farmer under Section 12100.103, as may be applicable, a grant may be recaptured, in whole or in part, in accordance with Article 8 (commencing with Section 19294) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code.12100.103. (a) The California Small Agricultural Business Drought Relief Grant Program is hereby created within the office.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions.(d) The office may contract with a fiscal agent to carry out the program, at a rate of no more than 5 percent of the funds appropriated by the Legislature for purposes of the program.(e) Subject to appropriation of funds for grants by the Legislature, the office shall allocate grants to qualified small agricultural businesses that meet the requirements of this article in one or more rounds.(f) (1) The office shall conduct marketing and outreach for equitable awareness and the distribution of grants that includes all of the following:(A) Engaging multiple partners, including, but not limited to, business and nonprofit associations, chambers of commerce, economic development corporations, and other nonprofit mission-based organizations, and organizations with nonprofit expertise.(B) Providing access to technical assistance services covering all counties in the state and in multiple languages to reach non-English-speaking individuals in all counties in the state.(C) Building awareness, including those in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, provide applicant access through multiple branded partner portals, or advertising or social media outreach through owned, paid, or earned media channels.(2) For the qualified small agricultural business portion of the program, the office shall conduct outreach in advance of open application rounds for a minimum of three weeks prior to opening each application round. Following each application round, the fiscal agent shall assess service gaps and address outreach deficiencies as necessary to improve program equity.(3) The office or fiscal agent shall provide information on how to connect to additional support resources to each applicant, whether or not the applicant is selected as a grant recipient.(g) Program grant funds shall be administered as follows:(1) A total of 10 percent of grant funds shall be held for qualified small agricultural businesses that do not file 2022 tax year returns until 2024.(2) A total of 20 percent of grant funds shall be allocated in one or more rounds of grants for small and socially disadvantaged farmers who are qualified small agricultural businesses pursuant to the following:(A) Grants shall be awarded in the following amounts:(i) Twenty thousand dollars ($20,000) for applicants with a decline in annual gross receipts or gross profits of 10 percent or more and less than 30 percent.(ii) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent.(iii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent.(iv) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more.(B) The office or fiscal agent shall allocate 5 percent of program funds to nonprofit entities, tribal governments, resource conservation districts, or other entities with experience providing technical assistance to small farms or socially disadvantaged farmers to provide services to help maximize the participation of small farms or socially disadvantaged farmers in the one or more rounds of grants authorized by this subdivision.(C) For the purposes of this subdivision:(i) Small farm has the meaning described in the publication Updating the ERS Farm Typology, dated April 2013, issued by Economic Research Service of the United States Department of Agriculture.(ii) Socially disadvantaged farmer has the meaning provided by subdivision (b) of Section 512 of the Food and Agricultural Code, as it read on August 1, 2022.(D) For the purposes of this subdivision, the office or fiscal agent may contract with other fiscal agents to provide technical assistance.(E) The office shall consult with the Farm Equity Advisor at the Department of Food and Agriculture for purposes of implementing this subdivision.(3) (A) The remaining percentage of grant funds shall be allocated to qualified small agricultural businesses most impacted by severe drought, including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(i) Codes beginning with 115 Support Activities for Agriculture and Forestry.(ii) Codes beginning with 311 Food Manufacturing.(iii) 424910 Farm Supplies Merchant Wholesalers.(iv) 444240 Nursery, Garden Center, and Farm Supply Retailers.(v) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(B) Grants shall be awarded in the following amounts:(i) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent.(ii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent.(iii) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more.(h) Grant moneys awarded under this section shall only be used for costs to maintain the recipient business through the drought, including the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Working capital and overhead, including rent, utilities, mortgage principal, and interest payments, but excluding mortgage prepayments, and debt obligations, including principal and interest, incurred before the onset of severe drought.(3) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) (1) Applicants may self-identify race, gender, and ethnicity. Within 30 business days of the close of the application period, the office shall post the aggregate data, as available, including by legislative district. Within 45 business days of the close of the application period, the office shall post information on grant amounts actually awarded as it become available. All information shall be posted on offices internet website and the office shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) On or before December 31, 2024, the office shall report to the Legislature the number of grants and dollar amounts awarded for each of the following categories:(A) Race and ethnicity.(B) Women-owned.(C) Veteran-owned.(D) Located in a disadvantaged community pursuant to paragraph (5) of subdivision (h) of Section 12100.83.(E) Located in a rural area.(F) County.(G) State Senate district.(H) State Assembly district. (3) Information report to the Legislature pursuant to this subdivision shall be provided in conformance with the requirements of Section 9795.(j) The fiscal agent, or the office if it does not contract with a fiscal agent, shall issue Internal Revenue Service Forms 1099 to grant recipients and otherwise adhere to tax reporting guidelines, regardless of whether the grants are excluded from gross income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code).12100.104. The office and the Franchise Tax Board may adopt regulations to implement this article. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1) shall not apply to any regulation, standard, criterion, procedure, determination, rule, notice, guideline, or any other guidance established or issued by the office or the Franchise Tax Board pursuant to this article.12100.105. This article shall remain in effect only until January 1, 2025, and as of that date is repealed. | |
| 175 | - | ||
| 176 | - | Article 9.5. California Small Agricultural Business Drought Relief Grant Program12100.100. (a) The Legislature finds and declares that it is in the public interest to assist small agricultural businesses in the State of California that are impacted by severe drought.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought Relief Grant Program.12100.101. For the purposes of this article, unless the context requires otherwise:(a) Applicant means any California taxpayer, including, but not limited to, an individual, corporation, nonprofit organization, cooperative, or partnership, who submits an application for the program.(b) California Small Agricultural Business Drought Relief Grant Program or program means the grant program established by this article.(c) CalOSBA or office means the Office of the Small Business Advocate within the Governors Office of Business and Economic Development.(d) Decline in annual gross receipts or gross profits means a decrease in annual gross receipts or gross profits when comparing the 2022 taxable year to the 2019 taxable year, as documented by tax returns or Internal Revenue Service Form 990.(e) Director means the Director of the Office of the Small Business Advocate.(f) Fiscal agent means a nonprofit or private institution capable of online and mobile application development, customer support, document validation, impact analysis, grant agreements, and awards disbursement, as well as marketing, engagement, and strategic partnerships for implementation.(g) Full-time employee has the same meaning as subdivision (c) of Section 515 of the Labor Code.(h) (1) Qualified small business means a business that meets all of the following criteria, as confirmed by the office or fiscal agent through review of revenue declines, other relief funds received, credit history, tax returns, payroll records, and bank account validation:(A) Is a sole proprietor, independent contractor, C-corporation, S-corporation, cooperative, limited liability company, partnership, nonprofit, or limited partnership, with 100 or fewer full-time employees in the 2022 taxable year.(B) Experienced a decline in annual gross receipts or gross profits of 10 percent or more.(C) Began operating in the state prior to January 1, 2020.(D) Is currently active and operating.(E) Has been affected by severe drought according to the United States Department of Agriculture drought monitor.(F) Provides organizing documents, including a federal tax return or Internal Revenue Service Form 990, and a copy of official filings with the Secretary of State or with the local municipality, as applicable, including, but not limited to, articles of incorporation, certificate of organization, fictitious name of registration, or government-issued business license.(2) Notwithstanding paragraph (1), qualified small business shall not include any of the following:(A) Businesses without a physical presence in the state.(B) Governmental entities, other than Native American tribes, or elected official offices.(C) Businesses primarily engaged in political or lobbying activities, regardless of whether the entity is registered as a 501(c)(3), 501(c)(6), or 501(c)(19) nonprofit entity or other nonprofit entity.(D) Passive businesses, investment companies, and investors who file a Schedule E on their tax returns.(E) Financial institutions or businesses primarily engaged in the business of lending, such as banks, finance companies, and factoring companies.(F) Businesses engaged in any activity that is unlawful under federal, state, or local law.(G) Businesses that restrict patronage for any reason other than capacity.(H) Speculative businesses.(I) Businesses with any owner of greater than 10 percent of the equity interest in it who meets one or more of the following criteria:(i) The owner has, within the prior three years, been convicted, or had a civil judgment rendered against the owner, or has had commenced any form of parole or probation, including probation before judgment, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction, violation of federal or state antitrust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.(ii) The owner is presently indicted for, or otherwise criminally or civilly charged by, a federal, state, or local governmental entity, with commission of any of the offenses enumerated in clause (i).(J) Affiliated companies, as described in Section 121.103 of Title 13 of the Code of Federal Regulations, as it read on August 1, 2022.(K) Other businesses to be determined by the office consistently with the requirements and intent of this subdivision.12100.102. If the office determines that the grantee has failed to meet the criteria for a qualified small business under Section 12100.101, or for a small farmer or socially disadvantaged farmer under Section 12100.103, as may be applicable, a grant may be recaptured, in whole or in part, in accordance with Article 8 (commencing with Section 19294) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code.12100.103. (a) The California Small Agricultural Business Drought Relief Grant Program is hereby created within the office.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions.(d) The office may contract with a fiscal agent to carry out the program, at a rate of no more than 5 percent of the funds appropriated by the Legislature for purposes of the program.(e) Subject to appropriation of funds for grants by the Legislature, the office shall allocate grants to qualified small agricultural businesses that meet the requirements of this article in one or more rounds.(f) (1) The office shall conduct marketing and outreach for equitable awareness and the distribution of grants that includes all of the following:(A) Engaging multiple partners, including, but not limited to, business and nonprofit associations, chambers of commerce, economic development corporations, and other nonprofit mission-based organizations, and organizations with nonprofit expertise.(B) Providing access to technical assistance services covering all counties in the state and in multiple languages to reach non-English-speaking individuals in all counties in the state.(C) Building awareness, including those in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, provide applicant access through multiple branded partner portals, or advertising or social media outreach through owned, paid, or earned media channels.(2) For the qualified small agricultural business portion of the program, the office shall conduct outreach in advance of open application rounds for a minimum of three weeks prior to opening each application round. Following each application round, the fiscal agent shall assess service gaps and address outreach deficiencies as necessary to improve program equity.(3) The office or fiscal agent shall provide information on how to connect to additional support resources to each applicant, whether or not the applicant is selected as a grant recipient.(g) Program grant funds shall be administered as follows:(1) A total of 10 percent of grant funds shall be held for qualified small agricultural businesses that do not file 2022 tax year returns until 2024.(2) A total of 20 percent of grant funds shall be allocated in one or more rounds of grants for small and socially disadvantaged farmers who are qualified small agricultural businesses pursuant to the following:(A) Grants shall be awarded in the following amounts:(i) Twenty thousand dollars ($20,000) for applicants with a decline in annual gross receipts or gross profits of 10 percent or more and less than 30 percent.(ii) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent.(iii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent.(iv) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more.(B) The office or fiscal agent shall allocate 5 percent of program funds to nonprofit entities, tribal governments, resource conservation districts, or other entities with experience providing technical assistance to small farms or socially disadvantaged farmers to provide services to help maximize the participation of small farms or socially disadvantaged farmers in the one or more rounds of grants authorized by this subdivision.(C) For the purposes of this subdivision:(i) Small farm has the meaning described in the publication Updating the ERS Farm Typology, dated April 2013, issued by Economic Research Service of the United States Department of Agriculture.(ii) Socially disadvantaged farmer has the meaning provided by subdivision (b) of Section 512 of the Food and Agricultural Code, as it read on August 1, 2022.(D) For the purposes of this subdivision, the office or fiscal agent may contract with other fiscal agents to provide technical assistance.(E) The office shall consult with the Farm Equity Advisor at the Department of Food and Agriculture for purposes of implementing this subdivision.(3) (A) The remaining percentage of grant funds shall be allocated to qualified small agricultural businesses most impacted by severe drought, including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(i) Codes beginning with 115 Support Activities for Agriculture and Forestry.(ii) Codes beginning with 311 Food Manufacturing.(iii) 424910 Farm Supplies Merchant Wholesalers.(iv) 444240 Nursery, Garden Center, and Farm Supply Retailers.(v) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(B) Grants shall be awarded in the following amounts:(i) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent.(ii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent.(iii) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more.(h) Grant moneys awarded under this section shall only be used for costs to maintain the recipient business through the drought, including the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Working capital and overhead, including rent, utilities, mortgage principal, and interest payments, but excluding mortgage prepayments, and debt obligations, including principal and interest, incurred before the onset of severe drought.(3) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) (1) Applicants may self-identify race, gender, and ethnicity. Within 30 business days of the close of the application period, the office shall post the aggregate data, as available, including by legislative district. Within 45 business days of the close of the application period, the office shall post information on grant amounts actually awarded as it become available. All information shall be posted on offices internet website and the office shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) On or before December 31, 2024, the office shall report to the Legislature the number of grants and dollar amounts awarded for each of the following categories:(A) Race and ethnicity.(B) Women-owned.(C) Veteran-owned.(D) Located in a disadvantaged community pursuant to paragraph (5) of subdivision (h) of Section 12100.83.(E) Located in a rural area.(F) County.(G) State Senate district.(H) State Assembly district. (3) Information report to the Legislature pursuant to this subdivision shall be provided in conformance with the requirements of Section 9795.(j) The fiscal agent, or the office if it does not contract with a fiscal agent, shall issue Internal Revenue Service Forms 1099 to grant recipients and otherwise adhere to tax reporting guidelines, regardless of whether the grants are excluded from gross income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code).12100.104. The office and the Franchise Tax Board may adopt regulations to implement this article. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1) shall not apply to any regulation, standard, criterion, procedure, determination, rule, notice, guideline, or any other guidance established or issued by the office or the Franchise Tax Board pursuant to this article.12100.105. This article shall remain in effect only until January 1, 2025, and as of that date is repealed. | |
| 177 | - | ||
| 178 | - | Article 9.5. California Small Agricultural Business Drought Relief Grant Program | |
| 179 | - | ||
| 180 | - | Article 9.5. California Small Agricultural Business Drought Relief Grant Program | |
| 181 | - | ||
| 182 | - | 12100.100. (a) The Legislature finds and declares that it is in the public interest to assist small agricultural businesses in the State of California that are impacted by severe drought.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought Relief Grant Program. | |
| 211 | + | (b)The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows: | |
| 183 | 212 | ||
| 184 | 213 | ||
| 185 | 214 | ||
| 186 | - | 12100.100. (a) The Legislature finds and declares that it is in the public interest to assist small agricultural businesses in the State of California that are impacted by severe drought. | |
| 187 | - | ||
| 188 | - | (b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought Relief Grant Program. | |
| 189 | - | ||
| 190 | - | 12100.101. For the purposes of this article, unless the context requires otherwise:(a) Applicant means any California taxpayer, including, but not limited to, an individual, corporation, nonprofit organization, cooperative, or partnership, who submits an application for the program.(b) California Small Agricultural Business Drought Relief Grant Program or program means the grant program established by this article.(c) CalOSBA or office means the Office of the Small Business Advocate within the Governors Office of Business and Economic Development.(d) Decline in annual gross receipts or gross profits means a decrease in annual gross receipts or gross profits when comparing the 2022 taxable year to the 2019 taxable year, as documented by tax returns or Internal Revenue Service Form 990.(e) Director means the Director of the Office of the Small Business Advocate.(f) Fiscal agent means a nonprofit or private institution capable of online and mobile application development, customer support, document validation, impact analysis, grant agreements, and awards disbursement, as well as marketing, engagement, and strategic partnerships for implementation.(g) Full-time employee has the same meaning as subdivision (c) of Section 515 of the Labor Code.(h) (1) Qualified small business means a business that meets all of the following criteria, as confirmed by the office or fiscal agent through review of revenue declines, other relief funds received, credit history, tax returns, payroll records, and bank account validation:(A) Is a sole proprietor, independent contractor, C-corporation, S-corporation, cooperative, limited liability company, partnership, nonprofit, or limited partnership, with 100 or fewer full-time employees in the 2022 taxable year.(B) Experienced a decline in annual gross receipts or gross profits of 10 percent or more.(C) Began operating in the state prior to January 1, 2020.(D) Is currently active and operating.(E) Has been affected by severe drought according to the United States Department of Agriculture drought monitor.(F) Provides organizing documents, including a federal tax return or Internal Revenue Service Form 990, and a copy of official filings with the Secretary of State or with the local municipality, as applicable, including, but not limited to, articles of incorporation, certificate of organization, fictitious name of registration, or government-issued business license.(2) Notwithstanding paragraph (1), qualified small business shall not include any of the following:(A) Businesses without a physical presence in the state.(B) Governmental entities, other than Native American tribes, or elected official offices.(C) Businesses primarily engaged in political or lobbying activities, regardless of whether the entity is registered as a 501(c)(3), 501(c)(6), or 501(c)(19) nonprofit entity or other nonprofit entity.(D) Passive businesses, investment companies, and investors who file a Schedule E on their tax returns.(E) Financial institutions or businesses primarily engaged in the business of lending, such as banks, finance companies, and factoring companies.(F) Businesses engaged in any activity that is unlawful under federal, state, or local law.(G) Businesses that restrict patronage for any reason other than capacity.(H) Speculative businesses.(I) Businesses with any owner of greater than 10 percent of the equity interest in it who meets one or more of the following criteria:(i) The owner has, within the prior three years, been convicted, or had a civil judgment rendered against the owner, or has had commenced any form of parole or probation, including probation before judgment, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction, violation of federal or state antitrust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.(ii) The owner is presently indicted for, or otherwise criminally or civilly charged by, a federal, state, or local governmental entity, with commission of any of the offenses enumerated in clause (i).(J) Affiliated companies, as described in Section 121.103 of Title 13 of the Code of Federal Regulations, as it read on August 1, 2022.(K) Other businesses to be determined by the office consistently with the requirements and intent of this subdivision. | |
| 215 | + | (1)At least once within a three-year period from the initial enrollment for birth and adopted children. | |
| 191 | 216 | ||
| 192 | 217 | ||
| 193 | 218 | ||
| 194 | - | 12100.101. For the purposes of this article, unless the context requires otherwise: | |
| 195 | - | ||
| 196 | - | (a) Applicant means any California taxpayer, including, but not limited to, an individual, corporation, nonprofit organization, cooperative, or partnership, who submits an application for the program. | |
| 197 | - | ||
| 198 | - | (b) California Small Agricultural Business Drought Relief Grant Program or program means the grant program established by this article. | |
| 199 | - | ||
| 200 | - | (c) CalOSBA or office means the Office of the Small Business Advocate within the Governors Office of Business and Economic Development. | |
| 201 | - | ||
| 202 | - | (d) Decline in annual gross receipts or gross profits means a decrease in annual gross receipts or gross profits when comparing the 2022 taxable year to the 2019 taxable year, as documented by tax returns or Internal Revenue Service Form 990. | |
| 203 | - | ||
| 204 | - | (e) Director means the Director of the Office of the Small Business Advocate. | |
| 205 | - | ||
| 206 | - | (f) Fiscal agent means a nonprofit or private institution capable of online and mobile application development, customer support, document validation, impact analysis, grant agreements, and awards disbursement, as well as marketing, engagement, and strategic partnerships for implementation. | |
| 207 | - | ||
| 208 | - | (g) Full-time employee has the same meaning as subdivision (c) of Section 515 of the Labor Code. | |
| 209 | - | ||
| 210 | - | (h) (1) Qualified small business means a business that meets all of the following criteria, as confirmed by the office or fiscal agent through review of revenue declines, other relief funds received, credit history, tax returns, payroll records, and bank account validation: | |
| 211 | - | ||
| 212 | - | (A) Is a sole proprietor, independent contractor, C-corporation, S-corporation, cooperative, limited liability company, partnership, nonprofit, or limited partnership, with 100 or fewer full-time employees in the 2022 taxable year. | |
| 213 | - | ||
| 214 | - | (B) Experienced a decline in annual gross receipts or gross profits of 10 percent or more. | |
| 215 | - | ||
| 216 | - | (C) Began operating in the state prior to January 1, 2020. | |
| 217 | - | ||
| 218 | - | (D) Is currently active and operating. | |
| 219 | - | ||
| 220 | - | (E) Has been affected by severe drought according to the United States Department of Agriculture drought monitor. | |
| 221 | - | ||
| 222 | - | (F) Provides organizing documents, including a federal tax return or Internal Revenue Service Form 990, and a copy of official filings with the Secretary of State or with the local municipality, as applicable, including, but not limited to, articles of incorporation, certificate of organization, fictitious name of registration, or government-issued business license. | |
| 223 | - | ||
| 224 | - | (2) Notwithstanding paragraph (1), qualified small business shall not include any of the following: | |
| 225 | - | ||
| 226 | - | (A) Businesses without a physical presence in the state. | |
| 227 | - | ||
| 228 | - | (B) Governmental entities, other than Native American tribes, or elected official offices. | |
| 229 | - | ||
| 230 | - | (C) Businesses primarily engaged in political or lobbying activities, regardless of whether the entity is registered as a 501(c)(3), 501(c)(6), or 501(c)(19) nonprofit entity or other nonprofit entity. | |
| 231 | - | ||
| 232 | - | (D) Passive businesses, investment companies, and investors who file a Schedule E on their tax returns. | |
| 233 | - | ||
| 234 | - | (E) Financial institutions or businesses primarily engaged in the business of lending, such as banks, finance companies, and factoring companies. | |
| 235 | - | ||
| 236 | - | (F) Businesses engaged in any activity that is unlawful under federal, state, or local law. | |
| 237 | - | ||
| 238 | - | (G) Businesses that restrict patronage for any reason other than capacity. | |
| 239 | - | ||
| 240 | - | (H) Speculative businesses. | |
| 241 | - | ||
| 242 | - | (I) Businesses with any owner of greater than 10 percent of the equity interest in it who meets one or more of the following criteria: | |
| 243 | - | ||
| 244 | - | (i) The owner has, within the prior three years, been convicted, or had a civil judgment rendered against the owner, or has had commenced any form of parole or probation, including probation before judgment, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction, violation of federal or state antitrust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. | |
| 245 | - | ||
| 246 | - | (ii) The owner is presently indicted for, or otherwise criminally or civilly charged by, a federal, state, or local governmental entity, with commission of any of the offenses enumerated in clause (i). | |
| 247 | - | ||
| 248 | - | (J) Affiliated companies, as described in Section 121.103 of Title 13 of the Code of Federal Regulations, as it read on August 1, 2022. | |
| 249 | - | ||
| 250 | - | (K) Other businesses to be determined by the office consistently with the requirements and intent of this subdivision. | |
| 251 | - | ||
| 252 | - | 12100.102. If the office determines that the grantee has failed to meet the criteria for a qualified small business under Section 12100.101, or for a small farmer or socially disadvantaged farmer under Section 12100.103, as may be applicable, a grant may be recaptured, in whole or in part, in accordance with Article 8 (commencing with Section 19294) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code. | |
| 219 | + | (2)At least once every three years for the following family members: | |
| 253 | 220 | ||
| 254 | 221 | ||
| 255 | 222 | ||
| 256 | - | 12100.102. If the office determines that the grantee has failed to meet the criteria for a qualified small business under Section 12100.101, or for a small farmer or socially disadvantaged farmer under Section 12100.103, as may be applicable, a grant may be recaptured, in whole or in part, in accordance with Article 8 (commencing with Section 19294) of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation Code. | |
| 257 | - | ||
| 258 | - | 12100.103. (a) The California Small Agricultural Business Drought Relief Grant Program is hereby created within the office.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions.(d) The office may contract with a fiscal agent to carry out the program, at a rate of no more than 5 percent of the funds appropriated by the Legislature for purposes of the program.(e) Subject to appropriation of funds for grants by the Legislature, the office shall allocate grants to qualified small agricultural businesses that meet the requirements of this article in one or more rounds.(f) (1) The office shall conduct marketing and outreach for equitable awareness and the distribution of grants that includes all of the following:(A) Engaging multiple partners, including, but not limited to, business and nonprofit associations, chambers of commerce, economic development corporations, and other nonprofit mission-based organizations, and organizations with nonprofit expertise.(B) Providing access to technical assistance services covering all counties in the state and in multiple languages to reach non-English-speaking individuals in all counties in the state.(C) Building awareness, including those in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, provide applicant access through multiple branded partner portals, or advertising or social media outreach through owned, paid, or earned media channels.(2) For the qualified small agricultural business portion of the program, the office shall conduct outreach in advance of open application rounds for a minimum of three weeks prior to opening each application round. Following each application round, the fiscal agent shall assess service gaps and address outreach deficiencies as necessary to improve program equity.(3) The office or fiscal agent shall provide information on how to connect to additional support resources to each applicant, whether or not the applicant is selected as a grant recipient.(g) Program grant funds shall be administered as follows:(1) A total of 10 percent of grant funds shall be held for qualified small agricultural businesses that do not file 2022 tax year returns until 2024.(2) A total of 20 percent of grant funds shall be allocated in one or more rounds of grants for small and socially disadvantaged farmers who are qualified small agricultural businesses pursuant to the following:(A) Grants shall be awarded in the following amounts:(i) Twenty thousand dollars ($20,000) for applicants with a decline in annual gross receipts or gross profits of 10 percent or more and less than 30 percent.(ii) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent.(iii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent.(iv) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more.(B) The office or fiscal agent shall allocate 5 percent of program funds to nonprofit entities, tribal governments, resource conservation districts, or other entities with experience providing technical assistance to small farms or socially disadvantaged farmers to provide services to help maximize the participation of small farms or socially disadvantaged farmers in the one or more rounds of grants authorized by this subdivision.(C) For the purposes of this subdivision:(i) Small farm has the meaning described in the publication Updating the ERS Farm Typology, dated April 2013, issued by Economic Research Service of the United States Department of Agriculture.(ii) Socially disadvantaged farmer has the meaning provided by subdivision (b) of Section 512 of the Food and Agricultural Code, as it read on August 1, 2022.(D) For the purposes of this subdivision, the office or fiscal agent may contract with other fiscal agents to provide technical assistance.(E) The office shall consult with the Farm Equity Advisor at the Department of Food and Agriculture for purposes of implementing this subdivision.(3) (A) The remaining percentage of grant funds shall be allocated to qualified small agricultural businesses most impacted by severe drought, including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(i) Codes beginning with 115 Support Activities for Agriculture and Forestry.(ii) Codes beginning with 311 Food Manufacturing.(iii) 424910 Farm Supplies Merchant Wholesalers.(iv) 444240 Nursery, Garden Center, and Farm Supply Retailers.(v) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(B) Grants shall be awarded in the following amounts:(i) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent.(ii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent.(iii) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more.(h) Grant moneys awarded under this section shall only be used for costs to maintain the recipient business through the drought, including the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Working capital and overhead, including rent, utilities, mortgage principal, and interest payments, but excluding mortgage prepayments, and debt obligations, including principal and interest, incurred before the onset of severe drought.(3) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) (1) Applicants may self-identify race, gender, and ethnicity. Within 30 business days of the close of the application period, the office shall post the aggregate data, as available, including by legislative district. Within 45 business days of the close of the application period, the office shall post information on grant amounts actually awarded as it become available. All information shall be posted on offices internet website and the office shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) On or before December 31, 2024, the office shall report to the Legislature the number of grants and dollar amounts awarded for each of the following categories:(A) Race and ethnicity.(B) Women-owned.(C) Veteran-owned.(D) Located in a disadvantaged community pursuant to paragraph (5) of subdivision (h) of Section 12100.83.(E) Located in a rural area.(F) County.(G) State Senate district.(H) State Assembly district. (3) Information report to the Legislature pursuant to this subdivision shall be provided in conformance with the requirements of Section 9795.(j) The fiscal agent, or the office if it does not contract with a fiscal agent, shall issue Internal Revenue Service Forms 1099 to grant recipients and otherwise adhere to tax reporting guidelines, regardless of whether the grants are excluded from gross income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). | |
| 223 | + | (A)Spouses. | |
| 259 | 224 | ||
| 260 | 225 | ||
| 261 | 226 | ||
| 262 | - | 12100.103. (a) The California Small Agricultural Business Drought Relief Grant Program is hereby created within the office. | |
| 263 | - | ||
| 264 | - | (b) The program shall be under the direct authority of the director. | |
| 265 | - | ||
| 266 | - | (c) The purpose of the program is to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions. | |
| 267 | - | ||
| 268 | - | (d) The office may contract with a fiscal agent to carry out the program, at a rate of no more than 5 percent of the funds appropriated by the Legislature for purposes of the program. | |
| 269 | - | ||
| 270 | - | (e) Subject to appropriation of funds for grants by the Legislature, the office shall allocate grants to qualified small agricultural businesses that meet the requirements of this article in one or more rounds. | |
| 271 | - | ||
| 272 | - | (f) (1) The office shall conduct marketing and outreach for equitable awareness and the distribution of grants that includes all of the following: | |
| 273 | - | ||
| 274 | - | (A) Engaging multiple partners, including, but not limited to, business and nonprofit associations, chambers of commerce, economic development corporations, and other nonprofit mission-based organizations, and organizations with nonprofit expertise. | |
| 275 | - | ||
| 276 | - | (B) Providing access to technical assistance services covering all counties in the state and in multiple languages to reach non-English-speaking individuals in all counties in the state. | |
| 277 | - | ||
| 278 | - | (C) Building awareness, including those in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, provide applicant access through multiple branded partner portals, or advertising or social media outreach through owned, paid, or earned media channels. | |
| 279 | - | ||
| 280 | - | (2) For the qualified small agricultural business portion of the program, the office shall conduct outreach in advance of open application rounds for a minimum of three weeks prior to opening each application round. Following each application round, the fiscal agent shall assess service gaps and address outreach deficiencies as necessary to improve program equity. | |
| 281 | - | ||
| 282 | - | (3) The office or fiscal agent shall provide information on how to connect to additional support resources to each applicant, whether or not the applicant is selected as a grant recipient. | |
| 283 | - | ||
| 284 | - | (g) Program grant funds shall be administered as follows: | |
| 285 | - | ||
| 286 | - | (1) A total of 10 percent of grant funds shall be held for qualified small agricultural businesses that do not file 2022 tax year returns until 2024. | |
| 287 | - | ||
| 288 | - | (2) A total of 20 percent of grant funds shall be allocated in one or more rounds of grants for small and socially disadvantaged farmers who are qualified small agricultural businesses pursuant to the following: | |
| 289 | - | ||
| 290 | - | (A) Grants shall be awarded in the following amounts: | |
| 291 | - | ||
| 292 | - | (i) Twenty thousand dollars ($20,000) for applicants with a decline in annual gross receipts or gross profits of 10 percent or more and less than 30 percent. | |
| 293 | - | ||
| 294 | - | (ii) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent. | |
| 295 | - | ||
| 296 | - | (iii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent. | |
| 297 | - | ||
| 298 | - | (iv) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more. | |
| 299 | - | ||
| 300 | - | (B) The office or fiscal agent shall allocate 5 percent of program funds to nonprofit entities, tribal governments, resource conservation districts, or other entities with experience providing technical assistance to small farms or socially disadvantaged farmers to provide services to help maximize the participation of small farms or socially disadvantaged farmers in the one or more rounds of grants authorized by this subdivision. | |
| 301 | - | ||
| 302 | - | (C) For the purposes of this subdivision: | |
| 303 | - | ||
| 304 | - | (i) Small farm has the meaning described in the publication Updating the ERS Farm Typology, dated April 2013, issued by Economic Research Service of the United States Department of Agriculture. | |
| 305 | - | ||
| 306 | - | (ii) Socially disadvantaged farmer has the meaning provided by subdivision (b) of Section 512 of the Food and Agricultural Code, as it read on August 1, 2022. | |
| 307 | - | ||
| 308 | - | (D) For the purposes of this subdivision, the office or fiscal agent may contract with other fiscal agents to provide technical assistance. | |
| 309 | - | ||
| 310 | - | (E) The office shall consult with the Farm Equity Advisor at the Department of Food and Agriculture for purposes of implementing this subdivision. | |
| 311 | - | ||
| 312 | - | (3) (A) The remaining percentage of grant funds shall be allocated to qualified small agricultural businesses most impacted by severe drought, including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes: | |
| 313 | - | ||
| 314 | - | (i) Codes beginning with 115 Support Activities for Agriculture and Forestry. | |
| 315 | - | ||
| 316 | - | (ii) Codes beginning with 311 Food Manufacturing. | |
| 317 | - | ||
| 318 | - | (iii) 424910 Farm Supplies Merchant Wholesalers. | |
| 319 | - | ||
| 320 | - | (iv) 444240 Nursery, Garden Center, and Farm Supply Retailers. | |
| 321 | - | ||
| 322 | - | (v) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking). | |
| 323 | - | ||
| 324 | - | (B) Grants shall be awarded in the following amounts: | |
| 325 | - | ||
| 326 | - | (i) Sixty thousand dollars ($60,000) for applicants with a decline in annual gross receipts or gross profits of 30 percent or more and less than 40 percent. | |
| 327 | - | ||
| 328 | - | (ii) Eighty thousand dollars ($80,000) for applicants with a decline in annual gross receipts or gross profits of 40 percent or more and less than 50 percent. | |
| 329 | - | ||
| 330 | - | (iii) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more. | |
| 331 | - | ||
| 332 | - | (h) Grant moneys awarded under this section shall only be used for costs to maintain the recipient business through the drought, including the following: | |
| 333 | - | ||
| 334 | - | (1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. | |
| 335 | - | ||
| 336 | - | (2) Working capital and overhead, including rent, utilities, mortgage principal, and interest payments, but excluding mortgage prepayments, and debt obligations, including principal and interest, incurred before the onset of severe drought. | |
| 337 | - | ||
| 338 | - | (3) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs. | |
| 339 | - | ||
| 340 | - | (i) (1) Applicants may self-identify race, gender, and ethnicity. Within 30 business days of the close of the application period, the office shall post the aggregate data, as available, including by legislative district. Within 45 business days of the close of the application period, the office shall post information on grant amounts actually awarded as it become available. All information shall be posted on offices internet website and the office shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature. | |
| 341 | - | ||
| 342 | - | (2) On or before December 31, 2024, the office shall report to the Legislature the number of grants and dollar amounts awarded for each of the following categories: | |
| 343 | - | ||
| 344 | - | (A) Race and ethnicity. | |
| 345 | - | ||
| 346 | - | (B) Women-owned. | |
| 347 | - | ||
| 348 | - | (C) Veteran-owned. | |
| 349 | - | ||
| 350 | - | (D) Located in a disadvantaged community pursuant to paragraph (5) of subdivision (h) of Section 12100.83. | |
| 351 | - | ||
| 352 | - | (E) Located in a rural area. | |
| 353 | - | ||
| 354 | - | (F) County. | |
| 355 | - | ||
| 356 | - | (G) State Senate district. | |
| 357 | - | ||
| 358 | - | (H) State Assembly district. | |
| 359 | - | ||
| 360 | - | (3) Information report to the Legislature pursuant to this subdivision shall be provided in conformance with the requirements of Section 9795. | |
| 361 | - | ||
| 362 | - | (j) The fiscal agent, or the office if it does not contract with a fiscal agent, shall issue Internal Revenue Service Forms 1099 to grant recipients and otherwise adhere to tax reporting guidelines, regardless of whether the grants are excluded from gross income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). | |
| 363 | - | ||
| 364 | - | 12100.104. The office and the Franchise Tax Board may adopt regulations to implement this article. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1) shall not apply to any regulation, standard, criterion, procedure, determination, rule, notice, guideline, or any other guidance established or issued by the office or the Franchise Tax Board pursuant to this article. | |
| 227 | + | (B)Domestic partners. | |
| 365 | 228 | ||
| 366 | 229 | ||
| 367 | 230 | ||
| 368 | - | 12100.104. The office and the Franchise Tax Board may adopt regulations to implement this article. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1) shall not apply to any regulation, standard, criterion, procedure, determination, rule, notice, guideline, or any other guidance established or issued by the office or the Franchise Tax Board pursuant to this article. | |
| 369 | - | ||
| 370 | - | 12100.105. This article shall remain in effect only until January 1, 2025, and as of that date is repealed. | |
| 231 | + | (C)Stepchildren and domestic partner children. | |
| 371 | 232 | ||
| 372 | 233 | ||
| 373 | 234 | ||
| 374 | - | 12100.105. This article shall remain in effect only until January 1, 2025, and as of that date is repealed. | |
| 375 | - | ||
| 376 | - | SEC. 4. Article 15 (commencing with Section 12100.160) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: Article 15. Clean Hydrogen12100.160. (a) The Legislature finds and declares all of the following:(1) On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), a once-in-a-generation investment in infrastructure that appropriates more than sixty-two billion dollars ($62,000,000,000) to the United States Department of Energy (DOE) to deliver a more equitable clean energy future for the American people.(2) Among other things, IIJA authorizes DOE to establish a program to support the development of at least four regional clean hydrogen hubs. IIJAs regional clean hydrogen hubs program presents an important opportunity for the state to further its clean and renewable technology infrastructure, to solidify itself as a global leader in clean hydrogen, and to create long-term skilled employment opportunities for its residents, including those in historically marginalized and disadvantaged communities.(3) In June 2022, DOEs Office of Clean Energy Demonstrations (OCED) issued a Notice of Intent to Issue Funding Opportunity Announcement (FOA) No. DE-FOA-0002779: Regional Clean Hydrogen Hubs. As set forth in the notice of intent, OCED anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022. DOE anticipates awarding grants to single-entity applicants that may include numerous key partners or subrecipients.(4) The Governors Office of Business and Economic Development desires to facilitate the submission of an application in response to FOA No. DE-FOA-0002779 and to receive funding from the regional clean hydrogen hubs program for California. Because DOE anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022, the office needs the authority to quickly develop a workgroup with the expertise necessary to prepare, submit, and otherwise advance a competitive application.(b) It is the intent of the Legislature to continue to collaborate with stakeholders to further identify beneficial uses of hydrogen to lower greenhouse gas and criteria emissions from the power sector as well as statutory and policy changes needed to facilitate those beneficial uses.12100.161. For purposes of this article, the following definitions apply:(a) Clean hydrogen means hydrogen produced from eligible renewable energy resources, as defined in Section 399.12 of the Public Utilities Code, and otherwise consistent with the standard set forth in Section 16166(b)(1)(B) of Title 42 of the United States Code, or as that standard is revised or supplemented by the State Air Resources Board consistent with the determination made by the Secretary of Energy pursuant to Section 16166(b)(2) of Title 42 of the United States Code.(b) Office means the Governors Office of Business and Economic Development.(c) Regional clean hydrogen hubs program means the federal regional clean hydrogen hubs program established by the Secretary of Energy pursuant to Section 16161a of Title 42 of the United States Code.12100.162. (a) The office may undertake measures that are necessary or useful to prepare and submit an application to receive funding from the regional clean hydrogen hubs program or to otherwise participate in the regional clean hydrogen hubs program.(b) Grants made from any funding received from the regional clean hydrogen hubs program shall support projects in California that do both of the following:(1) Demonstrate and scale the production, processing, delivery, storage, or end use of clean hydrogen, or any combination of these.(2) Advance progress toward a goal to produce or use at least 15,000 tons per day of clean hydrogen in California by 2030.(c) Grants made from any funding received from the regional clean hydrogen hubs program shall prioritize projects that do any of the following:(1) Help achieve economies of scale and reduce the cost of clean hydrogen production in California from renewable feedstocks or eligible renewable energy resources and zero-carbon resources.(2) Advance state greenhouse gas emission reduction goals.(3) Maximize socioeconomic, workforce, equity, air quality, and health benefits.(d) The office shall submit a report to the relevant budget and policy committees of the Legislature on or before March 1, 2023, and annually thereafter, regarding the status of an application submitted to receive funding from the regional clean hydrogen hubs program and the status of any partnerships entered into pursuant to this section.(e) In undertaking the duty described in subdivision (a), the office shall consult with and coordinate clean hydrogen-related efforts with relevant stakeholders, including, but not limited to, federal agencies, state agencies, local governments, transit agencies, ports, and utilities.12100.163. This article shall remain in effect only until July 1, 2025, and as of that date is repealed. | |
| 377 | - | ||
| 378 | - | SEC. 4. Article 15 (commencing with Section 12100.160) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read: | |
| 379 | - | ||
| 380 | - | ### SEC. 4. | |
| 381 | - | ||
| 382 | - | Article 15. Clean Hydrogen12100.160. (a) The Legislature finds and declares all of the following:(1) On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), a once-in-a-generation investment in infrastructure that appropriates more than sixty-two billion dollars ($62,000,000,000) to the United States Department of Energy (DOE) to deliver a more equitable clean energy future for the American people.(2) Among other things, IIJA authorizes DOE to establish a program to support the development of at least four regional clean hydrogen hubs. IIJAs regional clean hydrogen hubs program presents an important opportunity for the state to further its clean and renewable technology infrastructure, to solidify itself as a global leader in clean hydrogen, and to create long-term skilled employment opportunities for its residents, including those in historically marginalized and disadvantaged communities.(3) In June 2022, DOEs Office of Clean Energy Demonstrations (OCED) issued a Notice of Intent to Issue Funding Opportunity Announcement (FOA) No. DE-FOA-0002779: Regional Clean Hydrogen Hubs. As set forth in the notice of intent, OCED anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022. DOE anticipates awarding grants to single-entity applicants that may include numerous key partners or subrecipients.(4) The Governors Office of Business and Economic Development desires to facilitate the submission of an application in response to FOA No. DE-FOA-0002779 and to receive funding from the regional clean hydrogen hubs program for California. Because DOE anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022, the office needs the authority to quickly develop a workgroup with the expertise necessary to prepare, submit, and otherwise advance a competitive application.(b) It is the intent of the Legislature to continue to collaborate with stakeholders to further identify beneficial uses of hydrogen to lower greenhouse gas and criteria emissions from the power sector as well as statutory and policy changes needed to facilitate those beneficial uses.12100.161. For purposes of this article, the following definitions apply:(a) Clean hydrogen means hydrogen produced from eligible renewable energy resources, as defined in Section 399.12 of the Public Utilities Code, and otherwise consistent with the standard set forth in Section 16166(b)(1)(B) of Title 42 of the United States Code, or as that standard is revised or supplemented by the State Air Resources Board consistent with the determination made by the Secretary of Energy pursuant to Section 16166(b)(2) of Title 42 of the United States Code.(b) Office means the Governors Office of Business and Economic Development.(c) Regional clean hydrogen hubs program means the federal regional clean hydrogen hubs program established by the Secretary of Energy pursuant to Section 16161a of Title 42 of the United States Code.12100.162. (a) The office may undertake measures that are necessary or useful to prepare and submit an application to receive funding from the regional clean hydrogen hubs program or to otherwise participate in the regional clean hydrogen hubs program.(b) Grants made from any funding received from the regional clean hydrogen hubs program shall support projects in California that do both of the following:(1) Demonstrate and scale the production, processing, delivery, storage, or end use of clean hydrogen, or any combination of these.(2) Advance progress toward a goal to produce or use at least 15,000 tons per day of clean hydrogen in California by 2030.(c) Grants made from any funding received from the regional clean hydrogen hubs program shall prioritize projects that do any of the following:(1) Help achieve economies of scale and reduce the cost of clean hydrogen production in California from renewable feedstocks or eligible renewable energy resources and zero-carbon resources.(2) Advance state greenhouse gas emission reduction goals.(3) Maximize socioeconomic, workforce, equity, air quality, and health benefits.(d) The office shall submit a report to the relevant budget and policy committees of the Legislature on or before March 1, 2023, and annually thereafter, regarding the status of an application submitted to receive funding from the regional clean hydrogen hubs program and the status of any partnerships entered into pursuant to this section.(e) In undertaking the duty described in subdivision (a), the office shall consult with and coordinate clean hydrogen-related efforts with relevant stakeholders, including, but not limited to, federal agencies, state agencies, local governments, transit agencies, ports, and utilities.12100.163. This article shall remain in effect only until July 1, 2025, and as of that date is repealed. | |
| 383 | - | ||
| 384 | - | Article 15. Clean Hydrogen12100.160. (a) The Legislature finds and declares all of the following:(1) On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), a once-in-a-generation investment in infrastructure that appropriates more than sixty-two billion dollars ($62,000,000,000) to the United States Department of Energy (DOE) to deliver a more equitable clean energy future for the American people.(2) Among other things, IIJA authorizes DOE to establish a program to support the development of at least four regional clean hydrogen hubs. IIJAs regional clean hydrogen hubs program presents an important opportunity for the state to further its clean and renewable technology infrastructure, to solidify itself as a global leader in clean hydrogen, and to create long-term skilled employment opportunities for its residents, including those in historically marginalized and disadvantaged communities.(3) In June 2022, DOEs Office of Clean Energy Demonstrations (OCED) issued a Notice of Intent to Issue Funding Opportunity Announcement (FOA) No. DE-FOA-0002779: Regional Clean Hydrogen Hubs. As set forth in the notice of intent, OCED anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022. DOE anticipates awarding grants to single-entity applicants that may include numerous key partners or subrecipients.(4) The Governors Office of Business and Economic Development desires to facilitate the submission of an application in response to FOA No. DE-FOA-0002779 and to receive funding from the regional clean hydrogen hubs program for California. Because DOE anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022, the office needs the authority to quickly develop a workgroup with the expertise necessary to prepare, submit, and otherwise advance a competitive application.(b) It is the intent of the Legislature to continue to collaborate with stakeholders to further identify beneficial uses of hydrogen to lower greenhouse gas and criteria emissions from the power sector as well as statutory and policy changes needed to facilitate those beneficial uses.12100.161. For purposes of this article, the following definitions apply:(a) Clean hydrogen means hydrogen produced from eligible renewable energy resources, as defined in Section 399.12 of the Public Utilities Code, and otherwise consistent with the standard set forth in Section 16166(b)(1)(B) of Title 42 of the United States Code, or as that standard is revised or supplemented by the State Air Resources Board consistent with the determination made by the Secretary of Energy pursuant to Section 16166(b)(2) of Title 42 of the United States Code.(b) Office means the Governors Office of Business and Economic Development.(c) Regional clean hydrogen hubs program means the federal regional clean hydrogen hubs program established by the Secretary of Energy pursuant to Section 16161a of Title 42 of the United States Code.12100.162. (a) The office may undertake measures that are necessary or useful to prepare and submit an application to receive funding from the regional clean hydrogen hubs program or to otherwise participate in the regional clean hydrogen hubs program.(b) Grants made from any funding received from the regional clean hydrogen hubs program shall support projects in California that do both of the following:(1) Demonstrate and scale the production, processing, delivery, storage, or end use of clean hydrogen, or any combination of these.(2) Advance progress toward a goal to produce or use at least 15,000 tons per day of clean hydrogen in California by 2030.(c) Grants made from any funding received from the regional clean hydrogen hubs program shall prioritize projects that do any of the following:(1) Help achieve economies of scale and reduce the cost of clean hydrogen production in California from renewable feedstocks or eligible renewable energy resources and zero-carbon resources.(2) Advance state greenhouse gas emission reduction goals.(3) Maximize socioeconomic, workforce, equity, air quality, and health benefits.(d) The office shall submit a report to the relevant budget and policy committees of the Legislature on or before March 1, 2023, and annually thereafter, regarding the status of an application submitted to receive funding from the regional clean hydrogen hubs program and the status of any partnerships entered into pursuant to this section.(e) In undertaking the duty described in subdivision (a), the office shall consult with and coordinate clean hydrogen-related efforts with relevant stakeholders, including, but not limited to, federal agencies, state agencies, local governments, transit agencies, ports, and utilities.12100.163. This article shall remain in effect only until July 1, 2025, and as of that date is repealed. | |
| 385 | - | ||
| 386 | - | Article 15. Clean Hydrogen | |
| 387 | - | ||
| 388 | - | Article 15. Clean Hydrogen | |
| 389 | - | ||
| 390 | - | 12100.160. (a) The Legislature finds and declares all of the following:(1) On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), a once-in-a-generation investment in infrastructure that appropriates more than sixty-two billion dollars ($62,000,000,000) to the United States Department of Energy (DOE) to deliver a more equitable clean energy future for the American people.(2) Among other things, IIJA authorizes DOE to establish a program to support the development of at least four regional clean hydrogen hubs. IIJAs regional clean hydrogen hubs program presents an important opportunity for the state to further its clean and renewable technology infrastructure, to solidify itself as a global leader in clean hydrogen, and to create long-term skilled employment opportunities for its residents, including those in historically marginalized and disadvantaged communities.(3) In June 2022, DOEs Office of Clean Energy Demonstrations (OCED) issued a Notice of Intent to Issue Funding Opportunity Announcement (FOA) No. DE-FOA-0002779: Regional Clean Hydrogen Hubs. As set forth in the notice of intent, OCED anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022. DOE anticipates awarding grants to single-entity applicants that may include numerous key partners or subrecipients.(4) The Governors Office of Business and Economic Development desires to facilitate the submission of an application in response to FOA No. DE-FOA-0002779 and to receive funding from the regional clean hydrogen hubs program for California. Because DOE anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022, the office needs the authority to quickly develop a workgroup with the expertise necessary to prepare, submit, and otherwise advance a competitive application.(b) It is the intent of the Legislature to continue to collaborate with stakeholders to further identify beneficial uses of hydrogen to lower greenhouse gas and criteria emissions from the power sector as well as statutory and policy changes needed to facilitate those beneficial uses. | |
| 235 | + | (3)At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship. | |
| 391 | 236 | ||
| 392 | 237 | ||
| 393 | 238 | ||
| 394 | - | 12100.160. (a) The Legislature finds and declares all of the following: | |
| 395 | - | ||
| 396 | - | (1) On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), a once-in-a-generation investment in infrastructure that appropriates more than sixty-two billion dollars ($62,000,000,000) to the United States Department of Energy (DOE) to deliver a more equitable clean energy future for the American people. | |
| 397 | - | ||
| 398 | - | (2) Among other things, IIJA authorizes DOE to establish a program to support the development of at least four regional clean hydrogen hubs. IIJAs regional clean hydrogen hubs program presents an important opportunity for the state to further its clean and renewable technology infrastructure, to solidify itself as a global leader in clean hydrogen, and to create long-term skilled employment opportunities for its residents, including those in historically marginalized and disadvantaged communities. | |
| 399 | - | ||
| 400 | - | (3) In June 2022, DOEs Office of Clean Energy Demonstrations (OCED) issued a Notice of Intent to Issue Funding Opportunity Announcement (FOA) No. DE-FOA-0002779: Regional Clean Hydrogen Hubs. As set forth in the notice of intent, OCED anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022. DOE anticipates awarding grants to single-entity applicants that may include numerous key partners or subrecipients. | |
| 401 | - | ||
| 402 | - | (4) The Governors Office of Business and Economic Development desires to facilitate the submission of an application in response to FOA No. DE-FOA-0002779 and to receive funding from the regional clean hydrogen hubs program for California. Because DOE anticipates issuing FOA No. DE-FOA-0002779 in September or October of 2022, the office needs the authority to quickly develop a workgroup with the expertise necessary to prepare, submit, and otherwise advance a competitive application. | |
| 403 | - | ||
| 404 | - | (b) It is the intent of the Legislature to continue to collaborate with stakeholders to further identify beneficial uses of hydrogen to lower greenhouse gas and criteria emissions from the power sector as well as statutory and policy changes needed to facilitate those beneficial uses. | |
| 405 | - | ||
| 406 | - | 12100.161. For purposes of this article, the following definitions apply:(a) Clean hydrogen means hydrogen produced from eligible renewable energy resources, as defined in Section 399.12 of the Public Utilities Code, and otherwise consistent with the standard set forth in Section 16166(b)(1)(B) of Title 42 of the United States Code, or as that standard is revised or supplemented by the State Air Resources Board consistent with the determination made by the Secretary of Energy pursuant to Section 16166(b)(2) of Title 42 of the United States Code.(b) Office means the Governors Office of Business and Economic Development.(c) Regional clean hydrogen hubs program means the federal regional clean hydrogen hubs program established by the Secretary of Energy pursuant to Section 16161a of Title 42 of the United States Code. | |
| 239 | + | (c)For purposes of this section, the Public Employees Retirement System is the employing office of a state annuitant. | |
| 407 | 240 | ||
| 408 | 241 | ||
| 409 | 242 | ||
| 410 | - | 12100.161. For purposes of this article, the following definitions apply: | |
| 411 | - | ||
| 412 | - | (a) Clean hydrogen means hydrogen produced from eligible renewable energy resources, as defined in Section 399.12 of the Public Utilities Code, and otherwise consistent with the standard set forth in Section 16166(b)(1)(B) of Title 42 of the United States Code, or as that standard is revised or supplemented by the State Air Resources Board consistent with the determination made by the Secretary of Energy pursuant to Section 16166(b)(2) of Title 42 of the United States Code. | |
| 413 | - | ||
| 414 | - | (b) Office means the Governors Office of Business and Economic Development. | |
| 415 | - | ||
| 416 | - | (c) Regional clean hydrogen hubs program means the federal regional clean hydrogen hubs program established by the Secretary of Energy pursuant to Section 16161a of Title 42 of the United States Code. | |
| 417 | - | ||
| 418 | - | 12100.162. (a) The office may undertake measures that are necessary or useful to prepare and submit an application to receive funding from the regional clean hydrogen hubs program or to otherwise participate in the regional clean hydrogen hubs program.(b) Grants made from any funding received from the regional clean hydrogen hubs program shall support projects in California that do both of the following:(1) Demonstrate and scale the production, processing, delivery, storage, or end use of clean hydrogen, or any combination of these.(2) Advance progress toward a goal to produce or use at least 15,000 tons per day of clean hydrogen in California by 2030.(c) Grants made from any funding received from the regional clean hydrogen hubs program shall prioritize projects that do any of the following:(1) Help achieve economies of scale and reduce the cost of clean hydrogen production in California from renewable feedstocks or eligible renewable energy resources and zero-carbon resources.(2) Advance state greenhouse gas emission reduction goals.(3) Maximize socioeconomic, workforce, equity, air quality, and health benefits.(d) The office shall submit a report to the relevant budget and policy committees of the Legislature on or before March 1, 2023, and annually thereafter, regarding the status of an application submitted to receive funding from the regional clean hydrogen hubs program and the status of any partnerships entered into pursuant to this section.(e) In undertaking the duty described in subdivision (a), the office shall consult with and coordinate clean hydrogen-related efforts with relevant stakeholders, including, but not limited to, federal agencies, state agencies, local governments, transit agencies, ports, and utilities. | |
| 243 | + | (d)The department shall consult with, but shall not be required to obtain the approval of, the Public Employees Retirement System prior to adopting any regulations pursuant to this section. | |
| 419 | 244 | ||
| 420 | 245 | ||
| 421 | 246 | ||
| 422 | - | 12100.162. (a) The office may undertake measures that are necessary or useful to prepare and submit an application to receive funding from the regional clean hydrogen hubs program or to otherwise participate in the regional clean hydrogen hubs program. | |
| 423 | - | ||
| 424 | - | (b) Grants made from any funding received from the regional clean hydrogen hubs program shall support projects in California that do both of the following: | |
| 425 | - | ||
| 426 | - | (1) Demonstrate and scale the production, processing, delivery, storage, or end use of clean hydrogen, or any combination of these. | |
| 427 | - | ||
| 428 | - | (2) Advance progress toward a goal to produce or use at least 15,000 tons per day of clean hydrogen in California by 2030. | |
| 429 | - | ||
| 430 | - | (c) Grants made from any funding received from the regional clean hydrogen hubs program shall prioritize projects that do any of the following: | |
| 431 | - | ||
| 432 | - | (1) Help achieve economies of scale and reduce the cost of clean hydrogen production in California from renewable feedstocks or eligible renewable energy resources and zero-carbon resources. | |
| 433 | - | ||
| 434 | - | (2) Advance state greenhouse gas emission reduction goals. | |
| 435 | - | ||
| 436 | - | (3) Maximize socioeconomic, workforce, equity, air quality, and health benefits. | |
| 437 | - | ||
| 438 | - | (d) The office shall submit a report to the relevant budget and policy committees of the Legislature on or before March 1, 2023, and annually thereafter, regarding the status of an application submitted to receive funding from the regional clean hydrogen hubs program and the status of any partnerships entered into pursuant to this section. | |
| 439 | - | ||
| 440 | - | (e) In undertaking the duty described in subdivision (a), the office shall consult with and coordinate clean hydrogen-related efforts with relevant stakeholders, including, but not limited to, federal agencies, state agencies, local governments, transit agencies, ports, and utilities. | |
| 441 | - | ||
| 442 | - | 12100.163. This article shall remain in effect only until July 1, 2025, and as of that date is repealed. | |
| 247 | + | (e)This section shall be interpreted in accordance with the definitions provided in Article 2 (commencing with Section 22760) of Chapter 1 of Part 5. | |
| 443 | 248 | ||
| 444 | 249 | ||
| 445 | 250 | ||
| 446 | - | 12100.163. This article shall remain in effect only until July 1, 2025, and as of that date is repealed. | |
| 447 | - | ||
| 448 | - | SEC. 5. Section 50474.21 of the Government Code, as amended by Section 1 of Chapter 637 of the Statutes of 2019, is amended to read:50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes:(1) To finance, design, and construct consolidated airport vehicle rental facilities.(2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system.(3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport.(b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances.(c) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 449 | - | ||
| 450 | - | SEC. 5. Section 50474.21 of the Government Code, as amended by Section 1 of Chapter 637 of the Statutes of 2019, is amended to read: | |
| 451 | - | ||
| 452 | - | ### SEC. 5. | |
| 453 | - | ||
| 454 | - | 50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes:(1) To finance, design, and construct consolidated airport vehicle rental facilities.(2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system.(3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport.(b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances.(c) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 455 | - | ||
| 456 | - | 50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes:(1) To finance, design, and construct consolidated airport vehicle rental facilities.(2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system.(3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport.(b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances.(c) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 457 | - | ||
| 458 | - | 50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes:(1) To finance, design, and construct consolidated airport vehicle rental facilities.(2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system.(3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport.(b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances.(c) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 459 | 251 | ||
| 460 | 252 | ||
| 461 | 253 | ||
| 462 | - | 50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes: | |
| 463 | 254 | ||
| 464 | - | (1) To finance, design, and construct consolidated airport vehicle rental facilities. | |
| 465 | - | ||
| 466 | - | (2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system. | |
| 467 | - | ||
| 468 | - | (3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport. | |
| 469 | - | ||
| 470 | - | (b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances. | |
| 471 | - | ||
| 472 | - | (c) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 473 | - | ||
| 474 | - | SEC. 6. Section 50474.21 of the Government Code, as amended by Section 2 of Chapter 637 of the Statutes of 2019, is amended to read:50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes:(1) To finance, design, and construct consolidated airport vehicle rental facilities.(2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system.(3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport.(b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances.(c) Except as provided in subdivision (d), the authorization given pursuant to this article for an airport to impose a customer facility charge shall become inoperative when the bonds used for financing are paid.(d) If a bond or other form of indebtedness is not used for financing, or a bond or other form of indebtedness used for financing has been paid, the Oakland International Airport may require the collection of a customer facility charge for a period of up to 10 years from the imposition of the charge for the purposes allowed by, and subject to the conditions imposed by, this article.(e) This section shall become operative on January 1, 2023. 2024. | |
| 475 | - | ||
| 476 | - | SEC. 6. Section 50474.21 of the Government Code, as amended by Section 2 of Chapter 637 of the Statutes of 2019, is amended to read: | |
| 477 | - | ||
| 478 | - | ### SEC. 6. | |
| 479 | - | ||
| 480 | - | 50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes:(1) To finance, design, and construct consolidated airport vehicle rental facilities.(2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system.(3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport.(b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances.(c) Except as provided in subdivision (d), the authorization given pursuant to this article for an airport to impose a customer facility charge shall become inoperative when the bonds used for financing are paid.(d) If a bond or other form of indebtedness is not used for financing, or a bond or other form of indebtedness used for financing has been paid, the Oakland International Airport may require the collection of a customer facility charge for a period of up to 10 years from the imposition of the charge for the purposes allowed by, and subject to the conditions imposed by, this article.(e) This section shall become operative on January 1, 2023. 2024. | |
| 481 | - | ||
| 482 | - | 50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes:(1) To finance, design, and construct consolidated airport vehicle rental facilities.(2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system.(3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport.(b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances.(c) Except as provided in subdivision (d), the authorization given pursuant to this article for an airport to impose a customer facility charge shall become inoperative when the bonds used for financing are paid.(d) If a bond or other form of indebtedness is not used for financing, or a bond or other form of indebtedness used for financing has been paid, the Oakland International Airport may require the collection of a customer facility charge for a period of up to 10 years from the imposition of the charge for the purposes allowed by, and subject to the conditions imposed by, this article.(e) This section shall become operative on January 1, 2023. 2024. | |
| 483 | - | ||
| 484 | - | 50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes:(1) To finance, design, and construct consolidated airport vehicle rental facilities.(2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system.(3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport.(b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances.(c) Except as provided in subdivision (d), the authorization given pursuant to this article for an airport to impose a customer facility charge shall become inoperative when the bonds used for financing are paid.(d) If a bond or other form of indebtedness is not used for financing, or a bond or other form of indebtedness used for financing has been paid, the Oakland International Airport may require the collection of a customer facility charge for a period of up to 10 years from the imposition of the charge for the purposes allowed by, and subject to the conditions imposed by, this article.(e) This section shall become operative on January 1, 2023. 2024. | |
| 255 | + | (a)(1) In addition to the appropriation required pursuant to Section 20825, the Legislature hereby appropriates one billion eight hundred eighty-one million dollars ($1,881,000,000) from the General Fund, for the purposes described in subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution to supplement the states appropriation to the Public Employees Retirement Fund. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). | |
| 485 | 256 | ||
| 486 | 257 | ||
| 487 | 258 | ||
| 488 | - | 50474.21. (a) For purposes of this article, customer facility charge means any fee, including an alternative fee, required by an airport to be collected by a rental company from a renter for any of the following purposes: | |
| 489 | - | ||
| 490 | - | (1) To finance, design, and construct consolidated airport vehicle rental facilities. | |
| 491 | - | ||
| 492 | - | (2) To finance, design, construct, and operate common-use transportation systems that move passengers between airport terminals and those consolidated vehicle rental facilities, and acquire vehicles for use in that system. | |
| 493 | - | ||
| 494 | - | (3) To finance, design, and construct terminal modifications solely to accommodate and provide customer access to common-use transportation systems. The fees designated as a customer facility charge shall not otherwise be used to pay for terminal expansion, gate expansion, runway expansion, changes in hours of operation, or changes in the number of flights arriving or departing from the airport. | |
| 495 | - | ||
| 496 | - | (b) The aggregate amount to be collected shall not exceed the reasonable costs, as determined by an audit by an independent auditor paid for by the airport, to finance, design, and construct those facilities. The auditor shall independently examine and substantiate the necessity for, and the amount of, the customer facility charge, including whether the airports actual or projected costs are supported and justified, any steps the airport may take to limit costs, potential alternatives for meeting the airports revenue needs other than the collection of the fee, and whether and to what extent rental companies or other businesses or individuals using the facility or common-use transportation system may pay for the costs associated with these facilities and systems apart from the fee from rental customers, or whether the airport did not comply with any provision of this section. Copies of the audit shall be posted on the airports internet website. In the case of a customer facility charge for a common-use transportation system, the audit shall also consider the reasonable costs of providing the transit system or busing network pursuant to paragraph (1) of subdivision (a). Any audit required by this subdivision may be included as a part of an audit of an airports finances. | |
| 497 | - | ||
| 498 | - | (c) Except as provided in subdivision (d), the authorization given pursuant to this article for an airport to impose a customer facility charge shall become inoperative when the bonds used for financing are paid. | |
| 499 | - | ||
| 500 | - | (d) If a bond or other form of indebtedness is not used for financing, or a bond or other form of indebtedness used for financing has been paid, the Oakland International Airport may require the collection of a customer facility charge for a period of up to 10 years from the imposition of the charge for the purposes allowed by, and subject to the conditions imposed by, this article. | |
| 501 | - | ||
| 502 | - | (e) This section shall become operative on January 1, 2023. 2024. | |
| 503 | - | ||
| 504 | - | SEC. 7. Section 50474.3 of the Government Code, as amended by Section 4 of Chapter 637 of the Statutes of 2019, is amended to read:50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances:(1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code.(2) The fee is calculated on a per contract basis or as provided in subdivision (b).(3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIIID of the California Constitution.(4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b).(5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3).(6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose.(7) The fee is separately identified on the rental agreement.(8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental.(9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).(b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions:(1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur:(A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing.(B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system.(C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph.(D) The airport outlines each of the following:(i) Steps it has taken to limit costs.(ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee.(iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers.(2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected.(3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions:(A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day.(B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day.(C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day.(D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract.(E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative when the bonds used for financing are paid.(4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply:(A) The airport shall post reports on its internet website on an annual basis detailing all of the following:(i) The total amount of the customer facility charge collected.(ii) How the funds are being spent.(iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system.(B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website.(ii) Prior to any increase pursuant to subdivision (b), the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website.(iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website.(iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21.(v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion.(C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21.(c) Notwithstanding any other provision of law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes.(d) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 505 | - | ||
| 506 | - | SEC. 7. Section 50474.3 of the Government Code, as amended by Section 4 of Chapter 637 of the Statutes of 2019, is amended to read: | |
| 507 | - | ||
| 508 | - | ### SEC. 7. | |
| 509 | - | ||
| 510 | - | 50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances:(1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code.(2) The fee is calculated on a per contract basis or as provided in subdivision (b).(3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIIID of the California Constitution.(4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b).(5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3).(6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose.(7) The fee is separately identified on the rental agreement.(8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental.(9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).(b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions:(1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur:(A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing.(B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system.(C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph.(D) The airport outlines each of the following:(i) Steps it has taken to limit costs.(ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee.(iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers.(2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected.(3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions:(A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day.(B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day.(C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day.(D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract.(E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative when the bonds used for financing are paid.(4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply:(A) The airport shall post reports on its internet website on an annual basis detailing all of the following:(i) The total amount of the customer facility charge collected.(ii) How the funds are being spent.(iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system.(B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website.(ii) Prior to any increase pursuant to subdivision (b), the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website.(iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website.(iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21.(v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion.(C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21.(c) Notwithstanding any other provision of law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes.(d) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 511 | - | ||
| 512 | - | 50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances:(1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code.(2) The fee is calculated on a per contract basis or as provided in subdivision (b).(3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIIID of the California Constitution.(4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b).(5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3).(6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose.(7) The fee is separately identified on the rental agreement.(8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental.(9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).(b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions:(1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur:(A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing.(B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system.(C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph.(D) The airport outlines each of the following:(i) Steps it has taken to limit costs.(ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee.(iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers.(2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected.(3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions:(A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day.(B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day.(C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day.(D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract.(E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative when the bonds used for financing are paid.(4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply:(A) The airport shall post reports on its internet website on an annual basis detailing all of the following:(i) The total amount of the customer facility charge collected.(ii) How the funds are being spent.(iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system.(B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website.(ii) Prior to any increase pursuant to subdivision (b), the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website.(iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website.(iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21.(v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion.(C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21.(c) Notwithstanding any other provision of law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes.(d) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 513 | - | ||
| 514 | - | 50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances:(1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code.(2) The fee is calculated on a per contract basis or as provided in subdivision (b).(3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIIID of the California Constitution.(4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b).(5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3).(6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose.(7) The fee is separately identified on the rental agreement.(8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental.(9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).(b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions:(1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur:(A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing.(B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system.(C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph.(D) The airport outlines each of the following:(i) Steps it has taken to limit costs.(ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee.(iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers.(2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected.(3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions:(A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day.(B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day.(C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day.(D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract.(E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative when the bonds used for financing are paid.(4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply:(A) The airport shall post reports on its internet website on an annual basis detailing all of the following:(i) The total amount of the customer facility charge collected.(ii) How the funds are being spent.(iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system.(B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website.(ii) Prior to any increase pursuant to subdivision (b), the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website.(iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website.(iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21.(v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion.(C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21.(c) Notwithstanding any other provision of law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes.(d) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 259 | + | (2)The supplemental appropriation to the Public Employees Retirement Fund described in paragraph (1) shall be apportioned to the following state employee member categories, as directed by the Department of Finance, not to exceed the following amounts: | |
| 515 | 260 | ||
| 516 | 261 | ||
| 517 | 262 | ||
| 518 | - | 50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances: | |
| 519 | - | ||
| 520 | - | (1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code. | |
| 521 | - | ||
| 522 | - | (2) The fee is calculated on a per contract basis or as provided in subdivision (b). | |
| 523 | - | ||
| 524 | - | (3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIIID of the California Constitution. | |
| 525 | - | ||
| 526 | - | (4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b). | |
| 527 | - | ||
| 528 | - | (5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3). | |
| 529 | - | ||
| 530 | - | (6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose. | |
| 531 | - | ||
| 532 | - | (7) The fee is separately identified on the rental agreement. | |
| 533 | - | ||
| 534 | - | (8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental. | |
| 535 | - | ||
| 536 | - | (9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962). | |
| 537 | - | ||
| 538 | - | (b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions: | |
| 539 | - | ||
| 540 | - | (1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur: | |
| 541 | - | ||
| 542 | - | (A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing. | |
| 543 | - | ||
| 544 | - | (B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system. | |
| 545 | - | ||
| 546 | - | (C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph. | |
| 547 | - | ||
| 548 | - | (D) The airport outlines each of the following: | |
| 549 | - | ||
| 550 | - | (i) Steps it has taken to limit costs. | |
| 551 | - | ||
| 552 | - | (ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee. | |
| 553 | - | ||
| 554 | - | (iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers. | |
| 555 | - | ||
| 556 | - | (2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected. | |
| 557 | - | ||
| 558 | - | (3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions: | |
| 559 | - | ||
| 560 | - | (A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day. | |
| 561 | - | ||
| 562 | - | (B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day. | |
| 563 | - | ||
| 564 | - | (C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day. | |
| 565 | - | ||
| 566 | - | (D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract. | |
| 567 | - | ||
| 568 | - | (E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative when the bonds used for financing are paid. | |
| 569 | - | ||
| 570 | - | (4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply: | |
| 571 | - | ||
| 572 | - | (A) The airport shall post reports on its internet website on an annual basis detailing all of the following: | |
| 573 | - | ||
| 574 | - | (i) The total amount of the customer facility charge collected. | |
| 575 | - | ||
| 576 | - | (ii) How the funds are being spent. | |
| 577 | - | ||
| 578 | - | (iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system. | |
| 579 | - | ||
| 580 | - | (B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website. | |
| 581 | - | ||
| 582 | - | (ii) Prior to any increase pursuant to subdivision (b), the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website. | |
| 583 | - | ||
| 584 | - | (iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website. | |
| 585 | - | ||
| 586 | - | (iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21. | |
| 587 | - | ||
| 588 | - | (v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion. | |
| 589 | - | ||
| 590 | - | (C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21. | |
| 591 | - | ||
| 592 | - | (c) Notwithstanding any other provision of law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes. | |
| 593 | - | ||
| 594 | - | (d) This section shall remain in effect only until January 1, 2023, 2024, and as of that date is repealed. | |
| 595 | - | ||
| 596 | - | SEC. 8. Section 50474.3 of the Government Code, as amended by Section 5 of Chapter 637 of the Statutes of 2019, is amended to read:50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances:(1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code.(2) The fee is calculated on a per contract basis or as provided in subdivision (b).(3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIII D of the California Constitution.(4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b).(5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3).(6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose.(7) The fee is separately identified on the rental agreement.(8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental.(9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).(b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions:(1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur:(A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing.(B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system.(C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph.(D) The airport outlines each of the following:(i) Steps it has taken to limit costs.(ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee.(iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers.(2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected.(3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions:(A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day.(B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day.(C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day.(D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract.(E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21.(4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply:(A) The airport shall post reports on its internet website on an annual basis detailing all of the following:(i) The total amount of the customer facility charge collected.(ii) How the funds are being spent.(iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system.(B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website.(ii) Prior to any increase pursuant to this subdivision, the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website.(iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. This obligation shall continue until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website.(iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21.(v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion.(C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21.(c) Notwithstanding any other law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes.(d) This section shall become operative on January 1, 2023. 2024. | |
| 597 | - | ||
| 598 | - | SEC. 8. Section 50474.3 of the Government Code, as amended by Section 5 of Chapter 637 of the Statutes of 2019, is amended to read: | |
| 599 | - | ||
| 600 | - | ### SEC. 8. | |
| 601 | - | ||
| 602 | - | 50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances:(1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code.(2) The fee is calculated on a per contract basis or as provided in subdivision (b).(3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIII D of the California Constitution.(4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b).(5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3).(6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose.(7) The fee is separately identified on the rental agreement.(8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental.(9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).(b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions:(1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur:(A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing.(B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system.(C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph.(D) The airport outlines each of the following:(i) Steps it has taken to limit costs.(ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee.(iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers.(2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected.(3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions:(A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day.(B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day.(C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day.(D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract.(E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21.(4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply:(A) The airport shall post reports on its internet website on an annual basis detailing all of the following:(i) The total amount of the customer facility charge collected.(ii) How the funds are being spent.(iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system.(B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website.(ii) Prior to any increase pursuant to this subdivision, the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website.(iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. This obligation shall continue until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website.(iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21.(v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion.(C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21.(c) Notwithstanding any other law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes.(d) This section shall become operative on January 1, 2023. 2024. | |
| 603 | - | ||
| 604 | - | 50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances:(1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code.(2) The fee is calculated on a per contract basis or as provided in subdivision (b).(3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIII D of the California Constitution.(4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b).(5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3).(6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose.(7) The fee is separately identified on the rental agreement.(8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental.(9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).(b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions:(1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur:(A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing.(B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system.(C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph.(D) The airport outlines each of the following:(i) Steps it has taken to limit costs.(ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee.(iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers.(2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected.(3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions:(A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day.(B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day.(C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day.(D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract.(E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21.(4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply:(A) The airport shall post reports on its internet website on an annual basis detailing all of the following:(i) The total amount of the customer facility charge collected.(ii) How the funds are being spent.(iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system.(B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website.(ii) Prior to any increase pursuant to this subdivision, the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website.(iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. This obligation shall continue until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website.(iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21.(v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion.(C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21.(c) Notwithstanding any other law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes.(d) This section shall become operative on January 1, 2023. 2024. | |
| 605 | - | ||
| 606 | - | 50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances:(1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code.(2) The fee is calculated on a per contract basis or as provided in subdivision (b).(3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIII D of the California Constitution.(4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b).(5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3).(6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose.(7) The fee is separately identified on the rental agreement.(8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental.(9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962).(b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions:(1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur:(A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing.(B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system.(C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph.(D) The airport outlines each of the following:(i) Steps it has taken to limit costs.(ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee.(iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers.(2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected.(3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions:(A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day.(B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day.(C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day.(D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract.(E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21.(4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply:(A) The airport shall post reports on its internet website on an annual basis detailing all of the following:(i) The total amount of the customer facility charge collected.(ii) How the funds are being spent.(iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system.(B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website.(ii) Prior to any increase pursuant to this subdivision, the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website.(iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. This obligation shall continue until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website.(iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21.(v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion.(C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21.(c) Notwithstanding any other law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes.(d) This section shall become operative on January 1, 2023. 2024. | |
| 263 | + | (A)Eight hundred sixty-five million seventeen thousand dollars ($865,017,000) to the state miscellaneous member category. | |
| 607 | 264 | ||
| 608 | 265 | ||
| 609 | 266 | ||
| 610 | - | 50474.3. (a) A customer facility charge may be collected by a rental company under the following circumstances: | |
| 611 | - | ||
| 612 | - | (1) Collection of the fee by the rental company is required by an airport operated by a city, a county, a city and county, a joint powers authority, a special district, or the San Diego County Regional Airport Authority formed pursuant to Division 17 (commencing with Section 170000) of the Public Utilities Code. | |
| 613 | - | ||
| 614 | - | (2) The fee is calculated on a per contract basis or as provided in subdivision (b). | |
| 615 | - | ||
| 616 | - | (3) The fee is a user fee, not a tax imposed upon real property or an incident of property ownership under Article XIII D of the California Constitution. | |
| 617 | - | ||
| 618 | - | (4) Except as otherwise provided in paragraph (5), the fee shall be in an amount not to exceed ten dollars ($10) per contract or the amount provided in subdivision (b). | |
| 619 | - | ||
| 620 | - | (5) The fee for a consolidated rental vehicle facility shall be collected only from customers of on-airport rental vehicle companies. If the fee imposed by the airport is for both a consolidated rental vehicle facility and a common-use transportation system, the fee collected from customers of on-airport rental vehicle companies shall be in an amount not to exceed ten dollars ($10) or the amount provided in subdivision (b), but the fee imposed on customers of off-airport rental vehicle companies who are transported on the common-use transportation system is only that amount that is proportionate to the costs of the common-use transportation system. The fee is uniformly applied to each class of on-airport or off-airport customers, provided that the airport requires off-airport customers to use the common-use transportation system. For purposes of this paragraph, on-airport rental vehicle company means a rental company operating under an airport property lease or an airport concession or license agreement whose customers use or will use the consolidated rental vehicle facility and the fee as to those customers is a user fee described in paragraph (3). | |
| 621 | - | ||
| 622 | - | (6) Revenues collected from the fee do not exceed the reasonable costs of financing, designing, and constructing the facility and financing, designing, constructing, and operating any common-use transportation system, or acquiring vehicles for use in that system, and are not used for any other purpose. | |
| 623 | - | ||
| 624 | - | (7) The fee is separately identified on the rental agreement. | |
| 625 | - | ||
| 626 | - | (8) An airport shall not require a rental company to collect a customer facility charge from a consumer pursuant to this article if that requirement would result in the rental company collecting more than one customer facility charge from that consumer in connection with a single rental. | |
| 627 | - | ||
| 628 | - | (9) This subdivision does not apply to fees which are governed by Section 50474.1 or Section 57.5 of the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962). | |
| 629 | - | ||
| 630 | - | (b) Any airport may require rental companies to collect an alternative customer facility charge, as defined in Section 50474.21, under the following conditions: | |
| 631 | - | ||
| 632 | - | (1) The airport first conducts a publicly noticed hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2) to review the costs of financing the design and construction of a consolidated rental vehicle facility and the design, construction, and operation of any common-use transportation system in which all of the following occur: | |
| 633 | - | ||
| 634 | - | (A) The airport establishes the amount of revenue necessary to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and to design, construct, and operate any common-use transportation system, or acquire vehicles for use in that system, based on evidence presented during the hearing. | |
| 635 | - | ||
| 636 | - | (B) The airport finds, based on evidence presented during the hearing, that the fee authorized in subdivision (a) will not generate sufficient revenue to finance the reasonable costs of designing and constructing a consolidated rental vehicle facility and of designing, constructing, and operating any common-use transportation system, or acquire vehicles for use in that system. | |
| 637 | - | ||
| 638 | - | (C) The airport finds that the reasonable cost of the project requires the additional amount of revenue that would be generated by the proposed daily rate, including any rate increase, authorized pursuant to this paragraph. | |
| 639 | - | ||
| 640 | - | (D) The airport outlines each of the following: | |
| 641 | - | ||
| 642 | - | (i) Steps it has taken to limit costs. | |
| 643 | - | ||
| 644 | - | (ii) Other potential alternatives for meeting its revenue needs other than the collection of the fee. | |
| 645 | - | ||
| 646 | - | (iii) The extent to which rental companies or other businesses or individuals using the facility or common-use transportation system will pay for the costs associated with these facilities and systems apart from the fee collected from rental customers. | |
| 647 | - | ||
| 648 | - | (2) The airport may not require the fee authorized in this subdivision to be collected at any time that the fee authorized in subdivision (a) is being collected. | |
| 649 | - | ||
| 650 | - | (3) Pursuant to the procedure set forth in this subdivision, the fee may be collected at a rate charged on a per-day basis subject to the following conditions: | |
| 651 | - | ||
| 652 | - | (A) Commencing January 1, 2011, the amount of the fee may not exceed six dollars ($6) per day. | |
| 653 | - | ||
| 654 | - | (B) Commencing January 1, 2014, the amount of the fee may not exceed seven dollars and fifty cents ($7.50) per day. | |
| 655 | - | ||
| 656 | - | (C) Commencing January 1, 2017, and thereafter, the amount of the fee may not exceed nine dollars ($9) per day. | |
| 657 | - | ||
| 658 | - | (D) At no time shall the fee authorized in this paragraph be collected from any customer for more than five days for each individual rental vehicle contract. | |
| 659 | - | ||
| 660 | - | (E) An airport subject to this paragraph shall initiate the process for obtaining the authority to require or increase the alternative fee no later than January 1, 2025. Any airport that obtains the authority to require or increase an alternative fee shall be authorized to continue collecting that fee until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21. | |
| 661 | - | ||
| 662 | - | (4) For any airport seeking to require rental companies to collect an alternative customer facility charge pursuant to this subdivision the following provisions apply: | |
| 663 | - | ||
| 664 | - | (A) The airport shall post reports on its internet website on an annual basis detailing all of the following: | |
| 665 | - | ||
| 666 | - | (i) The total amount of the customer facility charge collected. | |
| 667 | - | ||
| 668 | - | (ii) How the funds are being spent. | |
| 669 | - | ||
| 670 | - | (iii) The amount of and reason for any changes in the airports budget or financial needs for the facility or common-use transportation system. | |
| 671 | - | ||
| 672 | - | (B) (i) The airport shall complete an independent audit as required by subdivision (b) of Section 50474.21 prior to the initial collection of the customer facility charge. Copies of the audit shall be posted on the airports internet website. | |
| 673 | - | ||
| 674 | - | (ii) Prior to any increase pursuant to this subdivision, the airport shall update the information provided in the initial collection audit completed pursuant to clause (i). Copies of the updated audit shall be posted on the airports internet website. | |
| 675 | - | ||
| 676 | - | (iii) An audit shall be completed every three years after initial collection if the customer facility charge is collected for the purpose of operating a common-use transportation system or to acquire vehicles for use in the system pursuant to paragraph (2) of subdivision (a) of Section 50474.21. A regularly conducted audit of airport finances that includes the customer facility charge information, that satisfies the requirements of subdivision (b) of Section 50474.21, and is produced in accordance with the generally accepted accounting principles of the Government Accounting Standards Board, shall satisfy the requirements of this clause. This obligation shall continue until the fee authorization becomes inoperative pursuant to subdivision (c) of Section 50474.21. The information reported pursuant to this clause shall be compiled into one document and shall be posted on the airports internet website accessible to the public. The information reported shall be contained within one easily accessible page contained within the airports internet website. | |
| 677 | - | ||
| 678 | - | (iv) This section shall not be construed to require an airport to audit a common-use transportation system not financed by a customer facility charge and used for the purposes permitted pursuant to paragraph (2) of subdivision (a) of Section 50474.21. | |
| 679 | - | ||
| 680 | - | (v) The airport shall post on the airports internet website copies of the completed audits required by this subparagraph for a period of six years following the audits completion. | |
| 681 | - | ||
| 682 | - | (C) Use of proceeds of any bonds backed by alternative customer facility charges shall be limited to construction and design of the consolidated rental vehicle facility, terminal modifications, and operating costs of the common-use transportation system, as specified in Section 50474.21. | |
| 683 | - | ||
| 684 | - | (c) Notwithstanding any other law, including, but not limited to, Part 1 (commencing with Section 6001) to Part 1.7 (commencing with Section 7280), inclusive, of Division 2 of the Revenue and Taxation Code, the fees collected pursuant to this section, or another law whereby a local agency operating an airport requires a rental car company to collect a facility financing fee from its customers, are not subject to sales, use, or transaction taxes. | |
| 685 | - | ||
| 686 | - | (d) This section shall become operative on January 1, 2023. 2024. | |
| 687 | - | ||
| 688 | - | SEC. 9. Section 50720.2 of the Health and Safety Code is amended to read:50720.2. (a) The Foreclosure Intervention Housing Preservation Program is hereby established. The department shall administer the program for the purpose of preserving affordable housing and promoting resident ownership or nonprofit organization ownership of residential real property.(b) (1) Upon appropriation by the Legislature, the program shall be administered by the department to provide loans and grants to eligible borrowers to support the acquisition of 1 to 25 unit properties meeting any of the following criteria:(A) Real property subject to a trustees sale pursuant to Section 2924m of the Civil Code wherein an eligible bidder has made a bid or represents an intention to bid using funds from the program.(B) Real property subject to a preforeclosure intervention sale.(C) Real property subject to a foreclosure risk intervention sale.(D) Real property subject to a recorded notice of default.(2) Eligible borrowers shall be any one of the following:(A) Eligible bidders in Section 2924m of the Civil Code other than prospective owner-occupants as defined in paragraph (1) of subdivision (a) of Section 2924m of the Civil Code.(B) An organization whose primary activity is the development and preservation of affordable housing that is at least one of the following:(i) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)).(ii) A nonprofit corporation as that term is defined in Section 50091 of the Health and Safety Code. 50091.(C) A limited liability company that satisfies both of the following criteria:(i) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, holds a controlling interest in the company.(ii) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, is the managing member of the company.(3) Up to 20 percent of the funds appropriated for this program may be expended for the costs to administer the program. Costs to administer the program include, but are not limited to, all of the following:(A) Costs to develop the guidelines required by this chapter, which may include, but is not limited to, the following:(i) Department staffing expenses incurred in developing the guidelines.(ii) Contracting with one or more program fund managers to develop the guidelines.(iii) Contracting with third-party consultants to develop guidelines.(B) Costs to develop lending criteria.(C) Costs to advertise the program.(D) Costs to develop technical assistance tools to support qualified entities in navigating the requirements and processes to apply for funding including, but not limited to, the following:(i) Training modules.(ii) Acquisition-rehabilitation specific financing templates and guidance, such as pro formas and worksheets.(iii) Best practice guides for engaging tenants before and after property acquisition, managing safe and accessible rehabilitation of occupied buildings, facilitating resident ownership, and any other topic deemed appropriate by the department.(iv) Technical assistance with resident engagement and education, property assessment and due diligence, affordable housing operations management, acquisition-rehabilitation project financial assistance, construction, and property management.(E) Administrative costs of fund managers to implement the program pursuant to Section 50720.6.(4) Funds not committed to fund managers pursuant to Section 50720.6 as of December 31, 2025, or any funds returned from fund managers after December 31, 2025, managers, shall be deposited into the Housing Rehabilitation Loan Fund to be made available for loans authorized by Chapter 5.5 (commencing with Section 50606). 50606) or for loans authorized by Chapter 6.7 (commencing with Section 50675). Notwithstanding the requirements of Chapter 5.5, uncommitted or returned funds made available for purposes of Chapter 5.5 may be used to assist projects funded by the department or other public entities.(5) Not later than May 15, 2023, the department shall report to the chairs of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review on the implementation of this program, including the amount of funding disbursed and number, location, and cost of acquired properties, as well as the number of units acquired.(c) All repayments of program funds, funds to fund managers, including loan principal and any interest collected, collected on those loans, and any interest earned on the funds held by the fund managers shall be deposited into the Housing Rehabilitation Loan Fund separately maintained reuse accounts held by fund managers for purposes of the program, including, but not program. Fund managers shall use funds held in those reuse accounts for purposes of the program, which may include, but not be limited to, loans and grants to pay for repairs, maintenance, or improvements on properties acquired pursuant to the program. The funds may also be used to provide technical assistance pursuant to this chapter. | |
| 689 | - | ||
| 690 | - | SEC. 9. Section 50720.2 of the Health and Safety Code is amended to read: | |
| 691 | - | ||
| 692 | - | ### SEC. 9. | |
| 693 | - | ||
| 694 | - | 50720.2. (a) The Foreclosure Intervention Housing Preservation Program is hereby established. The department shall administer the program for the purpose of preserving affordable housing and promoting resident ownership or nonprofit organization ownership of residential real property.(b) (1) Upon appropriation by the Legislature, the program shall be administered by the department to provide loans and grants to eligible borrowers to support the acquisition of 1 to 25 unit properties meeting any of the following criteria:(A) Real property subject to a trustees sale pursuant to Section 2924m of the Civil Code wherein an eligible bidder has made a bid or represents an intention to bid using funds from the program.(B) Real property subject to a preforeclosure intervention sale.(C) Real property subject to a foreclosure risk intervention sale.(D) Real property subject to a recorded notice of default.(2) Eligible borrowers shall be any one of the following:(A) Eligible bidders in Section 2924m of the Civil Code other than prospective owner-occupants as defined in paragraph (1) of subdivision (a) of Section 2924m of the Civil Code.(B) An organization whose primary activity is the development and preservation of affordable housing that is at least one of the following:(i) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)).(ii) A nonprofit corporation as that term is defined in Section 50091 of the Health and Safety Code. 50091.(C) A limited liability company that satisfies both of the following criteria:(i) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, holds a controlling interest in the company.(ii) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, is the managing member of the company.(3) Up to 20 percent of the funds appropriated for this program may be expended for the costs to administer the program. Costs to administer the program include, but are not limited to, all of the following:(A) Costs to develop the guidelines required by this chapter, which may include, but is not limited to, the following:(i) Department staffing expenses incurred in developing the guidelines.(ii) Contracting with one or more program fund managers to develop the guidelines.(iii) Contracting with third-party consultants to develop guidelines.(B) Costs to develop lending criteria.(C) Costs to advertise the program.(D) Costs to develop technical assistance tools to support qualified entities in navigating the requirements and processes to apply for funding including, but not limited to, the following:(i) Training modules.(ii) Acquisition-rehabilitation specific financing templates and guidance, such as pro formas and worksheets.(iii) Best practice guides for engaging tenants before and after property acquisition, managing safe and accessible rehabilitation of occupied buildings, facilitating resident ownership, and any other topic deemed appropriate by the department.(iv) Technical assistance with resident engagement and education, property assessment and due diligence, affordable housing operations management, acquisition-rehabilitation project financial assistance, construction, and property management.(E) Administrative costs of fund managers to implement the program pursuant to Section 50720.6.(4) Funds not committed to fund managers pursuant to Section 50720.6 as of December 31, 2025, or any funds returned from fund managers after December 31, 2025, managers, shall be deposited into the Housing Rehabilitation Loan Fund to be made available for loans authorized by Chapter 5.5 (commencing with Section 50606). 50606) or for loans authorized by Chapter 6.7 (commencing with Section 50675). Notwithstanding the requirements of Chapter 5.5, uncommitted or returned funds made available for purposes of Chapter 5.5 may be used to assist projects funded by the department or other public entities.(5) Not later than May 15, 2023, the department shall report to the chairs of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review on the implementation of this program, including the amount of funding disbursed and number, location, and cost of acquired properties, as well as the number of units acquired.(c) All repayments of program funds, funds to fund managers, including loan principal and any interest collected, collected on those loans, and any interest earned on the funds held by the fund managers shall be deposited into the Housing Rehabilitation Loan Fund separately maintained reuse accounts held by fund managers for purposes of the program, including, but not program. Fund managers shall use funds held in those reuse accounts for purposes of the program, which may include, but not be limited to, loans and grants to pay for repairs, maintenance, or improvements on properties acquired pursuant to the program. The funds may also be used to provide technical assistance pursuant to this chapter. | |
| 695 | - | ||
| 696 | - | 50720.2. (a) The Foreclosure Intervention Housing Preservation Program is hereby established. The department shall administer the program for the purpose of preserving affordable housing and promoting resident ownership or nonprofit organization ownership of residential real property.(b) (1) Upon appropriation by the Legislature, the program shall be administered by the department to provide loans and grants to eligible borrowers to support the acquisition of 1 to 25 unit properties meeting any of the following criteria:(A) Real property subject to a trustees sale pursuant to Section 2924m of the Civil Code wherein an eligible bidder has made a bid or represents an intention to bid using funds from the program.(B) Real property subject to a preforeclosure intervention sale.(C) Real property subject to a foreclosure risk intervention sale.(D) Real property subject to a recorded notice of default.(2) Eligible borrowers shall be any one of the following:(A) Eligible bidders in Section 2924m of the Civil Code other than prospective owner-occupants as defined in paragraph (1) of subdivision (a) of Section 2924m of the Civil Code.(B) An organization whose primary activity is the development and preservation of affordable housing that is at least one of the following:(i) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)).(ii) A nonprofit corporation as that term is defined in Section 50091 of the Health and Safety Code. 50091.(C) A limited liability company that satisfies both of the following criteria:(i) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, holds a controlling interest in the company.(ii) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, is the managing member of the company.(3) Up to 20 percent of the funds appropriated for this program may be expended for the costs to administer the program. Costs to administer the program include, but are not limited to, all of the following:(A) Costs to develop the guidelines required by this chapter, which may include, but is not limited to, the following:(i) Department staffing expenses incurred in developing the guidelines.(ii) Contracting with one or more program fund managers to develop the guidelines.(iii) Contracting with third-party consultants to develop guidelines.(B) Costs to develop lending criteria.(C) Costs to advertise the program.(D) Costs to develop technical assistance tools to support qualified entities in navigating the requirements and processes to apply for funding including, but not limited to, the following:(i) Training modules.(ii) Acquisition-rehabilitation specific financing templates and guidance, such as pro formas and worksheets.(iii) Best practice guides for engaging tenants before and after property acquisition, managing safe and accessible rehabilitation of occupied buildings, facilitating resident ownership, and any other topic deemed appropriate by the department.(iv) Technical assistance with resident engagement and education, property assessment and due diligence, affordable housing operations management, acquisition-rehabilitation project financial assistance, construction, and property management.(E) Administrative costs of fund managers to implement the program pursuant to Section 50720.6.(4) Funds not committed to fund managers pursuant to Section 50720.6 as of December 31, 2025, or any funds returned from fund managers after December 31, 2025, managers, shall be deposited into the Housing Rehabilitation Loan Fund to be made available for loans authorized by Chapter 5.5 (commencing with Section 50606). 50606) or for loans authorized by Chapter 6.7 (commencing with Section 50675). Notwithstanding the requirements of Chapter 5.5, uncommitted or returned funds made available for purposes of Chapter 5.5 may be used to assist projects funded by the department or other public entities.(5) Not later than May 15, 2023, the department shall report to the chairs of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review on the implementation of this program, including the amount of funding disbursed and number, location, and cost of acquired properties, as well as the number of units acquired.(c) All repayments of program funds, funds to fund managers, including loan principal and any interest collected, collected on those loans, and any interest earned on the funds held by the fund managers shall be deposited into the Housing Rehabilitation Loan Fund separately maintained reuse accounts held by fund managers for purposes of the program, including, but not program. Fund managers shall use funds held in those reuse accounts for purposes of the program, which may include, but not be limited to, loans and grants to pay for repairs, maintenance, or improvements on properties acquired pursuant to the program. The funds may also be used to provide technical assistance pursuant to this chapter. | |
| 697 | - | ||
| 698 | - | 50720.2. (a) The Foreclosure Intervention Housing Preservation Program is hereby established. The department shall administer the program for the purpose of preserving affordable housing and promoting resident ownership or nonprofit organization ownership of residential real property.(b) (1) Upon appropriation by the Legislature, the program shall be administered by the department to provide loans and grants to eligible borrowers to support the acquisition of 1 to 25 unit properties meeting any of the following criteria:(A) Real property subject to a trustees sale pursuant to Section 2924m of the Civil Code wherein an eligible bidder has made a bid or represents an intention to bid using funds from the program.(B) Real property subject to a preforeclosure intervention sale.(C) Real property subject to a foreclosure risk intervention sale.(D) Real property subject to a recorded notice of default.(2) Eligible borrowers shall be any one of the following:(A) Eligible bidders in Section 2924m of the Civil Code other than prospective owner-occupants as defined in paragraph (1) of subdivision (a) of Section 2924m of the Civil Code.(B) An organization whose primary activity is the development and preservation of affordable housing that is at least one of the following:(i) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)).(ii) A nonprofit corporation as that term is defined in Section 50091 of the Health and Safety Code. 50091.(C) A limited liability company that satisfies both of the following criteria:(i) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, holds a controlling interest in the company.(ii) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, is the managing member of the company.(3) Up to 20 percent of the funds appropriated for this program may be expended for the costs to administer the program. Costs to administer the program include, but are not limited to, all of the following:(A) Costs to develop the guidelines required by this chapter, which may include, but is not limited to, the following:(i) Department staffing expenses incurred in developing the guidelines.(ii) Contracting with one or more program fund managers to develop the guidelines.(iii) Contracting with third-party consultants to develop guidelines.(B) Costs to develop lending criteria.(C) Costs to advertise the program.(D) Costs to develop technical assistance tools to support qualified entities in navigating the requirements and processes to apply for funding including, but not limited to, the following:(i) Training modules.(ii) Acquisition-rehabilitation specific financing templates and guidance, such as pro formas and worksheets.(iii) Best practice guides for engaging tenants before and after property acquisition, managing safe and accessible rehabilitation of occupied buildings, facilitating resident ownership, and any other topic deemed appropriate by the department.(iv) Technical assistance with resident engagement and education, property assessment and due diligence, affordable housing operations management, acquisition-rehabilitation project financial assistance, construction, and property management.(E) Administrative costs of fund managers to implement the program pursuant to Section 50720.6.(4) Funds not committed to fund managers pursuant to Section 50720.6 as of December 31, 2025, or any funds returned from fund managers after December 31, 2025, managers, shall be deposited into the Housing Rehabilitation Loan Fund to be made available for loans authorized by Chapter 5.5 (commencing with Section 50606). 50606) or for loans authorized by Chapter 6.7 (commencing with Section 50675). Notwithstanding the requirements of Chapter 5.5, uncommitted or returned funds made available for purposes of Chapter 5.5 may be used to assist projects funded by the department or other public entities.(5) Not later than May 15, 2023, the department shall report to the chairs of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review on the implementation of this program, including the amount of funding disbursed and number, location, and cost of acquired properties, as well as the number of units acquired.(c) All repayments of program funds, funds to fund managers, including loan principal and any interest collected, collected on those loans, and any interest earned on the funds held by the fund managers shall be deposited into the Housing Rehabilitation Loan Fund separately maintained reuse accounts held by fund managers for purposes of the program, including, but not program. Fund managers shall use funds held in those reuse accounts for purposes of the program, which may include, but not be limited to, loans and grants to pay for repairs, maintenance, or improvements on properties acquired pursuant to the program. The funds may also be used to provide technical assistance pursuant to this chapter. | |
| 267 | + | (B)Fifty million four hundred ninety-nine thousand dollars ($50,499,000) to the state industrial member category. | |
| 699 | 268 | ||
| 700 | 269 | ||
| 701 | 270 | ||
| 702 | - | 50720.2. (a) The Foreclosure Intervention Housing Preservation Program is hereby established. The department shall administer the program for the purpose of preserving affordable housing and promoting resident ownership or nonprofit organization ownership of residential real property. | |
| 703 | - | ||
| 704 | - | (b) (1) Upon appropriation by the Legislature, the program shall be administered by the department to provide loans and grants to eligible borrowers to support the acquisition of 1 to 25 unit properties meeting any of the following criteria: | |
| 705 | - | ||
| 706 | - | (A) Real property subject to a trustees sale pursuant to Section 2924m of the Civil Code wherein an eligible bidder has made a bid or represents an intention to bid using funds from the program. | |
| 707 | - | ||
| 708 | - | (B) Real property subject to a preforeclosure intervention sale. | |
| 709 | - | ||
| 710 | - | (C) Real property subject to a foreclosure risk intervention sale. | |
| 711 | - | ||
| 712 | - | (D) Real property subject to a recorded notice of default. | |
| 713 | - | ||
| 714 | - | (2) Eligible borrowers shall be any one of the following: | |
| 715 | - | ||
| 716 | - | (A) Eligible bidders in Section 2924m of the Civil Code other than prospective owner-occupants as defined in paragraph (1) of subdivision (a) of Section 2924m of the Civil Code. | |
| 717 | - | ||
| 718 | - | (B) An organization whose primary activity is the development and preservation of affordable housing that is at least one of the following: | |
| 719 | - | ||
| 720 | - | (i) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)). | |
| 721 | - | ||
| 722 | - | (ii) A nonprofit corporation as that term is defined in Section 50091 of the Health and Safety Code. 50091. | |
| 723 | - | ||
| 724 | - | (C) A limited liability company that satisfies both of the following criteria: | |
| 725 | - | ||
| 726 | - | (i) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, holds a controlling interest in the company. | |
| 727 | - | ||
| 728 | - | (ii) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, is the managing member of the company. | |
| 729 | - | ||
| 730 | - | (3) Up to 20 percent of the funds appropriated for this program may be expended for the costs to administer the program. Costs to administer the program include, but are not limited to, all of the following: | |
| 731 | - | ||
| 732 | - | (A) Costs to develop the guidelines required by this chapter, which may include, but is not limited to, the following: | |
| 733 | - | ||
| 734 | - | (i) Department staffing expenses incurred in developing the guidelines. | |
| 735 | - | ||
| 736 | - | (ii) Contracting with one or more program fund managers to develop the guidelines. | |
| 737 | - | ||
| 738 | - | (iii) Contracting with third-party consultants to develop guidelines. | |
| 739 | - | ||
| 740 | - | (B) Costs to develop lending criteria. | |
| 741 | - | ||
| 742 | - | (C) Costs to advertise the program. | |
| 743 | - | ||
| 744 | - | (D) Costs to develop technical assistance tools to support qualified entities in navigating the requirements and processes to apply for funding including, but not limited to, the following: | |
| 745 | - | ||
| 746 | - | (i) Training modules. | |
| 747 | - | ||
| 748 | - | (ii) Acquisition-rehabilitation specific financing templates and guidance, such as pro formas and worksheets. | |
| 749 | - | ||
| 750 | - | (iii) Best practice guides for engaging tenants before and after property acquisition, managing safe and accessible rehabilitation of occupied buildings, facilitating resident ownership, and any other topic deemed appropriate by the department. | |
| 751 | - | ||
| 752 | - | (iv) Technical assistance with resident engagement and education, property assessment and due diligence, affordable housing operations management, acquisition-rehabilitation project financial assistance, construction, and property management. | |
| 753 | - | ||
| 754 | - | (E) Administrative costs of fund managers to implement the program pursuant to Section 50720.6. | |
| 755 | - | ||
| 756 | - | (4) Funds not committed to fund managers pursuant to Section 50720.6 as of December 31, 2025, or any funds returned from fund managers after December 31, 2025, managers, shall be deposited into the Housing Rehabilitation Loan Fund to be made available for loans authorized by Chapter 5.5 (commencing with Section 50606). 50606) or for loans authorized by Chapter 6.7 (commencing with Section 50675). Notwithstanding the requirements of Chapter 5.5, uncommitted or returned funds made available for purposes of Chapter 5.5 may be used to assist projects funded by the department or other public entities. | |
| 757 | - | ||
| 758 | - | (5) Not later than May 15, 2023, the department shall report to the chairs of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review on the implementation of this program, including the amount of funding disbursed and number, location, and cost of acquired properties, as well as the number of units acquired. | |
| 759 | - | ||
| 760 | - | (c) All repayments of program funds, funds to fund managers, including loan principal and any interest collected, collected on those loans, and any interest earned on the funds held by the fund managers shall be deposited into the Housing Rehabilitation Loan Fund separately maintained reuse accounts held by fund managers for purposes of the program, including, but not program. Fund managers shall use funds held in those reuse accounts for purposes of the program, which may include, but not be limited to, loans and grants to pay for repairs, maintenance, or improvements on properties acquired pursuant to the program. The funds may also be used to provide technical assistance pursuant to this chapter. | |
| 761 | - | ||
| 762 | - | SEC. 10. Section 50720.8 of the Health and Safety Code is amended to read:50720.8. (a) A borrower or grantee that receives funds from a loan or grant made pursuant to the program shall only use the funds as follows:(1) To pay for property acquisition, rehabilitation, and repair costs and associated transaction costs for real property purchased through one of the following:(A) A trustees sale pursuant to Section 2924m of the Civil Code.(B) A preforeclosure intervention sale.(C) A foreclosure risk intervention sale.(2) To pay for transaction costs, so long as no more than 10 percent of a single loan or grant funded by the program is used toward transaction costs.(3) To pay operating expenses from any capitalized operating subsidy reserve established pursuant to Section 50720.6.(b) A borrower or grantee that receives funds from a loan or grant made pursuant to this program shall ensure that all vacant units are restricted in one of the following ways:(1) By those conditions of a contract described in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.(2) By those conditions of a contract described in paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.(3) (A) To persons and families of extremely low, very low, low, or moderate income, with an affordable sales price housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, 50053, respectively, for a minimum of 55 years, or a longer duration as the department may require.(B) A property may be restricted pursuant to this paragraph by recording a lease agreement, ground lease agreement, or other recorded contractual agreement between a borrower between a borrower or grantee and the residents of the property property, or between a borrower or grantee and a resident-controlled corporation or association.(C) Any agreement made between a borrower or grantee and a resident-controlled corporation or association pursuant to subparagraph (B) shall ensure that the housing units are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. 50079.5(c) Occupied properties having a mix of incomes among tenants or owners may seek exemption from restrictions under subdivision (b) for units with over-income occupants, only until the unit is vacated due to natural turnover and available to be rerented or resold. | |
| 763 | - | ||
| 764 | - | SEC. 10. Section 50720.8 of the Health and Safety Code is amended to read: | |
| 765 | - | ||
| 766 | - | ### SEC. 10. | |
| 767 | - | ||
| 768 | - | 50720.8. (a) A borrower or grantee that receives funds from a loan or grant made pursuant to the program shall only use the funds as follows:(1) To pay for property acquisition, rehabilitation, and repair costs and associated transaction costs for real property purchased through one of the following:(A) A trustees sale pursuant to Section 2924m of the Civil Code.(B) A preforeclosure intervention sale.(C) A foreclosure risk intervention sale.(2) To pay for transaction costs, so long as no more than 10 percent of a single loan or grant funded by the program is used toward transaction costs.(3) To pay operating expenses from any capitalized operating subsidy reserve established pursuant to Section 50720.6.(b) A borrower or grantee that receives funds from a loan or grant made pursuant to this program shall ensure that all vacant units are restricted in one of the following ways:(1) By those conditions of a contract described in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.(2) By those conditions of a contract described in paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.(3) (A) To persons and families of extremely low, very low, low, or moderate income, with an affordable sales price housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, 50053, respectively, for a minimum of 55 years, or a longer duration as the department may require.(B) A property may be restricted pursuant to this paragraph by recording a lease agreement, ground lease agreement, or other recorded contractual agreement between a borrower between a borrower or grantee and the residents of the property property, or between a borrower or grantee and a resident-controlled corporation or association.(C) Any agreement made between a borrower or grantee and a resident-controlled corporation or association pursuant to subparagraph (B) shall ensure that the housing units are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. 50079.5(c) Occupied properties having a mix of incomes among tenants or owners may seek exemption from restrictions under subdivision (b) for units with over-income occupants, only until the unit is vacated due to natural turnover and available to be rerented or resold. | |
| 769 | - | ||
| 770 | - | 50720.8. (a) A borrower or grantee that receives funds from a loan or grant made pursuant to the program shall only use the funds as follows:(1) To pay for property acquisition, rehabilitation, and repair costs and associated transaction costs for real property purchased through one of the following:(A) A trustees sale pursuant to Section 2924m of the Civil Code.(B) A preforeclosure intervention sale.(C) A foreclosure risk intervention sale.(2) To pay for transaction costs, so long as no more than 10 percent of a single loan or grant funded by the program is used toward transaction costs.(3) To pay operating expenses from any capitalized operating subsidy reserve established pursuant to Section 50720.6.(b) A borrower or grantee that receives funds from a loan or grant made pursuant to this program shall ensure that all vacant units are restricted in one of the following ways:(1) By those conditions of a contract described in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.(2) By those conditions of a contract described in paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.(3) (A) To persons and families of extremely low, very low, low, or moderate income, with an affordable sales price housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, 50053, respectively, for a minimum of 55 years, or a longer duration as the department may require.(B) A property may be restricted pursuant to this paragraph by recording a lease agreement, ground lease agreement, or other recorded contractual agreement between a borrower between a borrower or grantee and the residents of the property property, or between a borrower or grantee and a resident-controlled corporation or association.(C) Any agreement made between a borrower or grantee and a resident-controlled corporation or association pursuant to subparagraph (B) shall ensure that the housing units are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. 50079.5(c) Occupied properties having a mix of incomes among tenants or owners may seek exemption from restrictions under subdivision (b) for units with over-income occupants, only until the unit is vacated due to natural turnover and available to be rerented or resold. | |
| 771 | - | ||
| 772 | - | 50720.8. (a) A borrower or grantee that receives funds from a loan or grant made pursuant to the program shall only use the funds as follows:(1) To pay for property acquisition, rehabilitation, and repair costs and associated transaction costs for real property purchased through one of the following:(A) A trustees sale pursuant to Section 2924m of the Civil Code.(B) A preforeclosure intervention sale.(C) A foreclosure risk intervention sale.(2) To pay for transaction costs, so long as no more than 10 percent of a single loan or grant funded by the program is used toward transaction costs.(3) To pay operating expenses from any capitalized operating subsidy reserve established pursuant to Section 50720.6.(b) A borrower or grantee that receives funds from a loan or grant made pursuant to this program shall ensure that all vacant units are restricted in one of the following ways:(1) By those conditions of a contract described in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.(2) By those conditions of a contract described in paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.(3) (A) To persons and families of extremely low, very low, low, or moderate income, with an affordable sales price housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, 50053, respectively, for a minimum of 55 years, or a longer duration as the department may require.(B) A property may be restricted pursuant to this paragraph by recording a lease agreement, ground lease agreement, or other recorded contractual agreement between a borrower between a borrower or grantee and the residents of the property property, or between a borrower or grantee and a resident-controlled corporation or association.(C) Any agreement made between a borrower or grantee and a resident-controlled corporation or association pursuant to subparagraph (B) shall ensure that the housing units are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. 50079.5(c) Occupied properties having a mix of incomes among tenants or owners may seek exemption from restrictions under subdivision (b) for units with over-income occupants, only until the unit is vacated due to natural turnover and available to be rerented or resold. | |
| 271 | + | (C)One hundred twelve million three hundred forty-six thousand dollars ($112,346,000) to the state safety member category. | |
| 773 | 272 | ||
| 774 | 273 | ||
| 775 | 274 | ||
| 776 | - | 50720.8. (a) A borrower or grantee that receives funds from a loan or grant made pursuant to the program shall only use the funds as follows: | |
| 777 | - | ||
| 778 | - | (1) To pay for property acquisition, rehabilitation, and repair costs and associated transaction costs for real property purchased through one of the following: | |
| 779 | - | ||
| 780 | - | (A) A trustees sale pursuant to Section 2924m of the Civil Code. | |
| 781 | - | ||
| 782 | - | (B) A preforeclosure intervention sale. | |
| 783 | - | ||
| 784 | - | (C) A foreclosure risk intervention sale. | |
| 785 | - | ||
| 786 | - | (2) To pay for transaction costs, so long as no more than 10 percent of a single loan or grant funded by the program is used toward transaction costs. | |
| 787 | - | ||
| 788 | - | (3) To pay operating expenses from any capitalized operating subsidy reserve established pursuant to Section 50720.6. | |
| 789 | - | ||
| 790 | - | (b) A borrower or grantee that receives funds from a loan or grant made pursuant to this program shall ensure that all vacant units are restricted in one of the following ways: | |
| 791 | - | ||
| 792 | - | (1) By those conditions of a contract described in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. | |
| 793 | - | ||
| 794 | - | (2) By those conditions of a contract described in paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. | |
| 795 | - | ||
| 796 | - | (3) (A) To persons and families of extremely low, very low, low, or moderate income, with an affordable sales price housing cost or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, 50053, respectively, for a minimum of 55 years, or a longer duration as the department may require. | |
| 797 | - | ||
| 798 | - | (B) A property may be restricted pursuant to this paragraph by recording a lease agreement, ground lease agreement, or other recorded contractual agreement between a borrower between a borrower or grantee and the residents of the property property, or between a borrower or grantee and a resident-controlled corporation or association. | |
| 799 | - | ||
| 800 | - | (C) Any agreement made between a borrower or grantee and a resident-controlled corporation or association pursuant to subparagraph (B) shall ensure that the housing units are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. 50079.5 | |
| 801 | - | ||
| 802 | - | (c) Occupied properties having a mix of incomes among tenants or owners may seek exemption from restrictions under subdivision (b) for units with over-income occupants, only until the unit is vacated due to natural turnover and available to be rerented or resold. | |
| 803 | - | ||
| 804 | - | SEC. 11. Chapter 13 (commencing with Section 51530) is added to Part 3 of Division 31 of the Health and Safety Code, to read: CHAPTER 13. Accessory Dwelling Unit Program51530. For purposes of this chapter:(a) Homeowner means an owner of a single-family residential property that does not own more than three residential properties that consist of one to four, inclusive, units.(b) Program means the Accessory Dwelling Unit Program administered by the agency.(c) Agency means the California Housing Finance Agency.51531. (a) The agency shall convene a working group to develop recommendations for the purposes of the program. The purpose of the program is to assist homeowners in qualifying for loans to construct accessory dwelling units and junior accessory dwelling units on their property and to increase access to capital for homeowners interested in building accessory dwelling units.(1) The working group shall include, but not be limited to, representatives from federal mortgage agencies, private lenders, community development financial institutions, community-based organizations, local housing trust funds, joint powers authorities, regional housing finance authorities, and credit unions.(2) The working group shall explore the feasibility of different options to increase program utilization, including, but not limited to, a loan loss reserve or other credit enhancements to encourage lending, and different loan products such as renovation loans, bridge loans, and second mortgages.(3) The working group shall explore different opportunities to mitigate risks for lenders, including, but not limited to, loan guarantees, mortgage insurance, managed escrow, and rental income guidelines.(4) The working group shall explore opportunities to increase outreach and education to inform homeowners about the various loan and grant products available to them.(5) The working group shall explore expanding financing options to construction costs and factory-built accessory dwelling units, including through partnerships with local agencies and qualified nonprofits. The working group shall also explore matching fund opportunities for the grants.(6) The working group shall explore different opportunities to ease constraints that limit the loan process for homeowners, including issues that are not controlled by the agency, including, but not limited to, federal lending standards and local practices.(b) The working group shall finish developing recommendations by July 1, 2023, for the agency to consider in the next update of its accessory dwelling unit guidelines. | |
| 805 | - | ||
| 806 | - | SEC. 11. Chapter 13 (commencing with Section 51530) is added to Part 3 of Division 31 of the Health and Safety Code, to read: | |
| 807 | - | ||
| 808 | - | ### SEC. 11. | |
| 809 | - | ||
| 810 | - | CHAPTER 13. Accessory Dwelling Unit Program51530. For purposes of this chapter:(a) Homeowner means an owner of a single-family residential property that does not own more than three residential properties that consist of one to four, inclusive, units.(b) Program means the Accessory Dwelling Unit Program administered by the agency.(c) Agency means the California Housing Finance Agency.51531. (a) The agency shall convene a working group to develop recommendations for the purposes of the program. The purpose of the program is to assist homeowners in qualifying for loans to construct accessory dwelling units and junior accessory dwelling units on their property and to increase access to capital for homeowners interested in building accessory dwelling units.(1) The working group shall include, but not be limited to, representatives from federal mortgage agencies, private lenders, community development financial institutions, community-based organizations, local housing trust funds, joint powers authorities, regional housing finance authorities, and credit unions.(2) The working group shall explore the feasibility of different options to increase program utilization, including, but not limited to, a loan loss reserve or other credit enhancements to encourage lending, and different loan products such as renovation loans, bridge loans, and second mortgages.(3) The working group shall explore different opportunities to mitigate risks for lenders, including, but not limited to, loan guarantees, mortgage insurance, managed escrow, and rental income guidelines.(4) The working group shall explore opportunities to increase outreach and education to inform homeowners about the various loan and grant products available to them.(5) The working group shall explore expanding financing options to construction costs and factory-built accessory dwelling units, including through partnerships with local agencies and qualified nonprofits. The working group shall also explore matching fund opportunities for the grants.(6) The working group shall explore different opportunities to ease constraints that limit the loan process for homeowners, including issues that are not controlled by the agency, including, but not limited to, federal lending standards and local practices.(b) The working group shall finish developing recommendations by July 1, 2023, for the agency to consider in the next update of its accessory dwelling unit guidelines. | |
| 811 | - | ||
| 812 | - | CHAPTER 13. Accessory Dwelling Unit Program51530. For purposes of this chapter:(a) Homeowner means an owner of a single-family residential property that does not own more than three residential properties that consist of one to four, inclusive, units.(b) Program means the Accessory Dwelling Unit Program administered by the agency.(c) Agency means the California Housing Finance Agency.51531. (a) The agency shall convene a working group to develop recommendations for the purposes of the program. The purpose of the program is to assist homeowners in qualifying for loans to construct accessory dwelling units and junior accessory dwelling units on their property and to increase access to capital for homeowners interested in building accessory dwelling units.(1) The working group shall include, but not be limited to, representatives from federal mortgage agencies, private lenders, community development financial institutions, community-based organizations, local housing trust funds, joint powers authorities, regional housing finance authorities, and credit unions.(2) The working group shall explore the feasibility of different options to increase program utilization, including, but not limited to, a loan loss reserve or other credit enhancements to encourage lending, and different loan products such as renovation loans, bridge loans, and second mortgages.(3) The working group shall explore different opportunities to mitigate risks for lenders, including, but not limited to, loan guarantees, mortgage insurance, managed escrow, and rental income guidelines.(4) The working group shall explore opportunities to increase outreach and education to inform homeowners about the various loan and grant products available to them.(5) The working group shall explore expanding financing options to construction costs and factory-built accessory dwelling units, including through partnerships with local agencies and qualified nonprofits. The working group shall also explore matching fund opportunities for the grants.(6) The working group shall explore different opportunities to ease constraints that limit the loan process for homeowners, including issues that are not controlled by the agency, including, but not limited to, federal lending standards and local practices.(b) The working group shall finish developing recommendations by July 1, 2023, for the agency to consider in the next update of its accessory dwelling unit guidelines. | |
| 813 | - | ||
| 814 | - | CHAPTER 13. Accessory Dwelling Unit Program | |
| 815 | - | ||
| 816 | - | CHAPTER 13. Accessory Dwelling Unit Program | |
| 817 | - | ||
| 818 | - | 51530. For purposes of this chapter:(a) Homeowner means an owner of a single-family residential property that does not own more than three residential properties that consist of one to four, inclusive, units.(b) Program means the Accessory Dwelling Unit Program administered by the agency.(c) Agency means the California Housing Finance Agency. | |
| 275 | + | (D)Eight hundred fifty three million one hundred thirty-eight thousand dollars ($853,138,000) to the state peace officer/firefighter member category. | |
| 819 | 276 | ||
| 820 | 277 | ||
| 821 | 278 | ||
| 822 | - | 51530. For purposes of this chapter: | |
| 823 | - | ||
| 824 | - | (a) Homeowner means an owner of a single-family residential property that does not own more than three residential properties that consist of one to four, inclusive, units. | |
| 825 | - | ||
| 826 | - | (b) Program means the Accessory Dwelling Unit Program administered by the agency. | |
| 827 | - | ||
| 828 | - | (c) Agency means the California Housing Finance Agency. | |
| 829 | - | ||
| 830 | - | 51531. (a) The agency shall convene a working group to develop recommendations for the purposes of the program. The purpose of the program is to assist homeowners in qualifying for loans to construct accessory dwelling units and junior accessory dwelling units on their property and to increase access to capital for homeowners interested in building accessory dwelling units.(1) The working group shall include, but not be limited to, representatives from federal mortgage agencies, private lenders, community development financial institutions, community-based organizations, local housing trust funds, joint powers authorities, regional housing finance authorities, and credit unions.(2) The working group shall explore the feasibility of different options to increase program utilization, including, but not limited to, a loan loss reserve or other credit enhancements to encourage lending, and different loan products such as renovation loans, bridge loans, and second mortgages.(3) The working group shall explore different opportunities to mitigate risks for lenders, including, but not limited to, loan guarantees, mortgage insurance, managed escrow, and rental income guidelines.(4) The working group shall explore opportunities to increase outreach and education to inform homeowners about the various loan and grant products available to them.(5) The working group shall explore expanding financing options to construction costs and factory-built accessory dwelling units, including through partnerships with local agencies and qualified nonprofits. The working group shall also explore matching fund opportunities for the grants.(6) The working group shall explore different opportunities to ease constraints that limit the loan process for homeowners, including issues that are not controlled by the agency, including, but not limited to, federal lending standards and local practices.(b) The working group shall finish developing recommendations by July 1, 2023, for the agency to consider in the next update of its accessory dwelling unit guidelines. | |
| 279 | + | (b)The appropriation made pursuant to paragraph (1) of subdivision (a) shall be applied to the unfunded state liabilities for the state employee member categories described in paragraph (2) of subdivision (a) that are in excess of the base amounts for the 202122 fiscal year. | |
| 831 | 280 | ||
| 832 | 281 | ||
| 833 | 282 | ||
| 834 | - | 51531. (a) The agency shall convene a working group to develop recommendations for the purposes of the program. The purpose of the program is to assist homeowners in qualifying for loans to construct accessory dwelling units and junior accessory dwelling units on their property and to increase access to capital for homeowners interested in building accessory dwelling units. | |
| 835 | - | ||
| 836 | - | (1) The working group shall include, but not be limited to, representatives from federal mortgage agencies, private lenders, community development financial institutions, community-based organizations, local housing trust funds, joint powers authorities, regional housing finance authorities, and credit unions. | |
| 837 | - | ||
| 838 | - | (2) The working group shall explore the feasibility of different options to increase program utilization, including, but not limited to, a loan loss reserve or other credit enhancements to encourage lending, and different loan products such as renovation loans, bridge loans, and second mortgages. | |
| 839 | - | ||
| 840 | - | (3) The working group shall explore different opportunities to mitigate risks for lenders, including, but not limited to, loan guarantees, mortgage insurance, managed escrow, and rental income guidelines. | |
| 841 | - | ||
| 842 | - | (4) The working group shall explore opportunities to increase outreach and education to inform homeowners about the various loan and grant products available to them. | |
| 843 | - | ||
| 844 | - | (5) The working group shall explore expanding financing options to construction costs and factory-built accessory dwelling units, including through partnerships with local agencies and qualified nonprofits. The working group shall also explore matching fund opportunities for the grants. | |
| 845 | - | ||
| 846 | - | (6) The working group shall explore different opportunities to ease constraints that limit the loan process for homeowners, including issues that are not controlled by the agency, including, but not limited to, federal lending standards and local practices. | |
| 847 | - | ||
| 848 | - | (b) The working group shall finish developing recommendations by July 1, 2023, for the agency to consider in the next update of its accessory dwelling unit guidelines. | |
| 849 | - | ||
| 850 | - | SEC. 12. Section 53559 of the Health and Safety Code is amended to read:53559. (a) The Infill Infrastructure Grant Program of 2019 is hereby established to be administered by the department.(b) Upon appropriation by the Legislature of funds for purposes of this part, the department shall establish and administer a grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area pursuant to the requirements of this section. The department shall determine amounts, if any, to be made available for qualifying infill projects and for projects, qualifying infill areas. infill areas, or catalytic qualifying infill areas.(c) (1) Except for funds appropriated or set aside for small jurisdictions for grants pursuant to subdivision (d), (e), the department shall administer a competitive application process for capital improvement projects for large jurisdictions pursuant to this subdivision.(2) Except for grants for qualifying infill areas or catalytic qualifying infill areas, the department shall do all of the following for grants made pursuant to this subdivision:(A) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this part in addition to those used in the Multifamily Housing Program.(C) Administer funds in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(3)(d) (1) In its review and ranking of applications for the award of capital improvement project grants, the department shall rank the affected qualifying infill projects and qualifying infill areas based on the following priorities:(A) Project readiness, which shall include all of the following:(i) A demonstration that the project or area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application(ii) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill project or development of a qualifying infill area.(B) The depth and duration of the affordability of the housing proposed for a qualifying infill project or qualifying infill area.(C) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (4) (3) of subdivision (e). (g).(D) The qualifying infill projects or qualifying infill areas inclusion of, or proximity or accessibility to, a transit station or major transit stop.(E) The proximity of housing to parks, employment or retail centers, schools, or social services.(F) The qualifying infill project or qualifying infill area locations consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65450 of the Government Code, or other adopted regional growth plan intended to foster efficient land use.(G) For qualifying infill areas, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code.(4)(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds.(5)(3) For purposes of awarding grants pursuant to the competitive application process required by this subdivision:(A) Qualifying infill area means a contiguous area located within an urbanized area (i) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (ii) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualifying infill project.(B) (i)Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.(ii)A property is adjoining the side of a project site if the property is separated from the project site only by an improved public right-of-way.(d)(e) (1) The department shall administer an over-the-counter application process for grants funded by the allocation specified in the appropriation or paragraph (2) of subdivision (a) of Section 53559.2 for capital improvement projects for small jurisdictions, pursuant to this subdivision.(2) Eligible applicants shall submit the following information in the application request for funding:(A) A complete description of the qualifying infill project or qualifying infill area and documentation of how the infill project or infill area meets the requirements of this section.(B) A complete description of the capital improvement project and requested grant funding for the project, how the project is necessary to support the development of housing, and how it meets the criteria of this section.(C) Documentation that specifies how the application meets all of the requirements of subdivision (e). (g).(D) (i) Except as provided in clause (ii), a financial document that shows the gap financing needed for the project.(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in clause (i) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.(E) (i) Except as provided by clause (ii), documentation of all necessary entitlement and permits, and a certification from the applicant that the project is shovel-ready.(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in clause (i) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.(3) The department may establish a per-unit formula to determine the amount of funds awarded pursuant to this subdivision.(4) For purposes of awarding grants pursuant to the over-the-counter application process required by this subdivision:(A) Qualifying infill area means a contiguous area located within an urbanized area that meets either of the following criteria:(i) The area contains sites included on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code, and at least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.(ii) The capital improvement project for which funding is requested is necessary, as documented by an environmental review or some other adopted planning document, to make the area suitable and available for residential development, or to allow the area to accommodate housing for additional income levels, and the area otherwise meets the requirements for inclusion on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code. At least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.(B) Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 50 percent of the perimeter of the site adjoins parcels that are developed with urban uses.(f) (1) For catalytic qualifying infill areas, grants for small jurisdictions and large jurisdictions shall be provided using a selection process established by the department that meets all of the following requirements:(A) Applicants shall meet both of the following minimum threshold requirements:(i) Readiness, which includes both of the following:(I) A demonstration that the catalytic qualifying infill area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application.(II) A demonstration that the eligible applicant has a viable plan to secure sufficient funding, derived from sources other than this part for the timely development of housing within a catalytic qualifying infill area.(ii) A demonstration of the catalytic qualifying infill area locations consistency with an adopted sustainable communities strategy or alternative planning strategy pursuant to Section 65080 of the Government Code.(B) The department shall, at a minimum, rank the affected catalytic qualifying infill areas applications for small jurisdictions and large jurisdictions based on the following:(i) The number of housing units, including affordable units as required in paragraph (2) of subdivision (g) to be developed within the catalytic qualifying infill area.(ii) The depth and duration of the affordability of the housing proposed for within the catalytic qualifying infill area.(iii) The extent to which the average residential densities on the parcel or parcels to be developed exceeds the density standards contained in paragraph (3) of subdivision (g).(iv) The catalytic qualifying infill areas inclusion of, or proximity or accessibility to, a transit station, major transit stop, or other areas yielding significant reductions in vehicle miles traveled.(v) The proximity of planned housing within the catalytic qualifying infill area used in the calculation of the eligible grant amount to existing or planned parks, employment or retail centers, schools, or social services.(vi) Existing or planned ordinances and other zoning or building provisions that facilitate adaptive reuse, including, but not limited to, demonstration that, if the existing commercial, office, or retail structure intended for reuse as housing does not occupy the entirety of the underlying parcel, the adaptive reuse project will be permitted to add to the existing building or structure provided that the addition is consistent with the existing or planned zoning of the parcel.(vii) The extent to which local strategies or programs are in place to prevent the direct or indirect displacement of local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.(viii) The level of community outreach and engagement in project planning, including efforts to involve disadvantaged communities and low-income residents, particularly local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.(ix) Inclusion of any publicly owned lands within the designated catalytic qualifying infill area.(x) Streamlining provisions related to California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, establishment of streamlined, program-level California Environmental Quality Act analysis and certification of general plans, community plans, specific plans with accompanying environmental impact reports, and related documents and streamlining proposed projects, such as enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law.(C) Eligible applicants shall submit the following information in the application request for funding:(i) A complete description of the catalytic qualifying infill area and documentation of how the catalytic qualifying infill area meets the requirements of this section.(ii) A complete description of the capital improvement project and requested grant funding, how the capital improvement project is necessary to support the development of housing, and how it meets the criteria of this section.(iii) Documentation that specifies how the application meets all of the requirements of subdivision (g).(iv) (I) Except as provided in subclause (II), a financial document that shows the gap financing needed for the project.(II) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in subclause (I) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.(v) (I) Except as provided by subclause (II), documentation of all necessary entitlement and permits, and a certification from the applicant that the capital improvement project is shovel-ready.(II) For a catalytic qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in subclause (I) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable distribution of funds, including consideration of differing population sizes of localities and geographic location. Applications shall be considered and ranked against applications of localities of similar size and scope. For the purposes of this paragraph, the population of a county shall be the population in the unincorporated area.(3) The department shall report the following information to the relevant fiscal and policy committees of the Legislature by January 1, 2024:(A) Specific uses of the funds for capital improvement projects.(B) Locations of awarded catalytic qualifying infill area grants, including both of the following:(i) Number of awards by geography, including urban and rural.(ii) The types of buildings adapted to residential use.(C) Total units to be created within the awarded qualifying infill areas, including anticipated affordability levels.(D) Data on catalytic qualifying infill area projects funded, such as project sizes, adaptive reuse ordinances adopted, and by-right sites. (e)(g) A qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area for which a capital improvement project grant may be awarded pursuant to either subdivision (c) or (d) (d), (e), or (f) shall meet all of the following conditions:(1) A qualifying infill area or catalytic qualifying infill area shall be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This paragraph does not apply to a qualifying infill project.(2) Include not less than 15 percent of affordable units, as follows:(A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria.(B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included.(ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced shall not be counted toward meeting the affordability threshold required for eligibility for funding under this section.(C) For the purposes of this subdivision, affordable unit means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and shall be subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale.(D)A qualifying infill project or qualifying infill area for which a disposition and development agreement or other project- or area-specific agreement between the developer and the local agency having jurisdiction over the project has been executed on or before the effective date of the act adding this section, shall be deemed to meet the affordability requirements of this paragraph if the agreement includes affordability covenants that subject the project or area to the production of affordable units for very low, low-, or moderate-income households.(3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre.(4) Be located in an area designated for mixed-use or residential development pursuant to one of the following:(A) A general plan adopted pursuant to Section 65300 of the Government Code.(B) A sustainable communities strategy adopted pursuant to Section 65080 of the Government Code.(C) A specific plan adopted pursuant to Section 65450 of the Government Code.(D) A Workforce Housing Opportunity Zone established pursuant to Section 65620 of the Government Code.(E) A Housing Sustainability District established pursuant to Section 66201 of the Government Code.(f)(h) Funds awarded pursuant to this section shall supplement, not supplant, other available funding.(g)(i) The department shall adopt guidelines for the operation of the grant program. The guidelines shall include performance standards and authorize the reversion of grant awards if the awardee has not substantially met the performance standards. The(1) Performance standards shall include timelines for commencement of construction of a capital improvement project, completion of a capital improvement project, and commencement and completion of associated housing development on an identified infill site, as identified in the qualifying infill project, qualifying infill area, or catalytic qualifying infill area application.(2) Catalytic qualifying infill area awards may be conditioned upon the local jurisdiction completing any actions to expedite housing development rezoning to accommodate density, completing environmental reviews to support ministerial approvals of housing, and granting fee waivers or other incentives to expedite housing development that were used in qualifying for an award.(j) The department shall require recipients of funds to report on progress of capital improvement projects, including, but not limited to, substantiation of grant expenditures and housing outcomes, including levels of affordability as provided in the application.(k) The guidelines may also provide for recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(h)(l) For each fiscal year within the duration of the grant program, the department shall include within the report to the Governor and the Legislature, required by Section 50408, information on its activities relating to the grant program. program activities related to qualifying infill projects and qualifying infill areas, including small jurisdiction funding activities. The report shall include, but is not limited to, the following information:(1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded.(2) The description, location, and estimated date of completion for each project that received a grant award under the program.(3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program.(i)(m) Notwithstanding paragraph (4) (3) of subdivision (e), (g), a city with a population greater than 100,000 in a standard metropolitan statistical area or a population of less than 2,000,000 may petition the department for, and the department may grant, an exception to the jurisdictions classification pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density requirements specified in paragraph (4) (3) of subdivision (e). (g). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (4) (3) of subdivision (e). (g). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2026. | |
| 851 | - | ||
| 852 | - | SEC. 12. Section 53559 of the Health and Safety Code is amended to read: | |
| 853 | - | ||
| 854 | - | ### SEC. 12. | |
| 855 | - | ||
| 856 | - | 53559. (a) The Infill Infrastructure Grant Program of 2019 is hereby established to be administered by the department.(b) Upon appropriation by the Legislature of funds for purposes of this part, the department shall establish and administer a grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area pursuant to the requirements of this section. The department shall determine amounts, if any, to be made available for qualifying infill projects and for projects, qualifying infill areas. infill areas, or catalytic qualifying infill areas.(c) (1) Except for funds appropriated or set aside for small jurisdictions for grants pursuant to subdivision (d), (e), the department shall administer a competitive application process for capital improvement projects for large jurisdictions pursuant to this subdivision.(2) Except for grants for qualifying infill areas or catalytic qualifying infill areas, the department shall do all of the following for grants made pursuant to this subdivision:(A) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this part in addition to those used in the Multifamily Housing Program.(C) Administer funds in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(3)(d) (1) In its review and ranking of applications for the award of capital improvement project grants, the department shall rank the affected qualifying infill projects and qualifying infill areas based on the following priorities:(A) Project readiness, which shall include all of the following:(i) A demonstration that the project or area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application(ii) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill project or development of a qualifying infill area.(B) The depth and duration of the affordability of the housing proposed for a qualifying infill project or qualifying infill area.(C) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (4) (3) of subdivision (e). (g).(D) The qualifying infill projects or qualifying infill areas inclusion of, or proximity or accessibility to, a transit station or major transit stop.(E) The proximity of housing to parks, employment or retail centers, schools, or social services.(F) The qualifying infill project or qualifying infill area locations consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65450 of the Government Code, or other adopted regional growth plan intended to foster efficient land use.(G) For qualifying infill areas, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code.(4)(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds.(5)(3) For purposes of awarding grants pursuant to the competitive application process required by this subdivision:(A) Qualifying infill area means a contiguous area located within an urbanized area (i) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (ii) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualifying infill project.(B) (i)Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.(ii)A property is adjoining the side of a project site if the property is separated from the project site only by an improved public right-of-way.(d)(e) (1) The department shall administer an over-the-counter application process for grants funded by the allocation specified in the appropriation or paragraph (2) of subdivision (a) of Section 53559.2 for capital improvement projects for small jurisdictions, pursuant to this subdivision.(2) Eligible applicants shall submit the following information in the application request for funding:(A) A complete description of the qualifying infill project or qualifying infill area and documentation of how the infill project or infill area meets the requirements of this section.(B) A complete description of the capital improvement project and requested grant funding for the project, how the project is necessary to support the development of housing, and how it meets the criteria of this section.(C) Documentation that specifies how the application meets all of the requirements of subdivision (e). (g).(D) (i) Except as provided in clause (ii), a financial document that shows the gap financing needed for the project.(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in clause (i) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.(E) (i) Except as provided by clause (ii), documentation of all necessary entitlement and permits, and a certification from the applicant that the project is shovel-ready.(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in clause (i) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.(3) The department may establish a per-unit formula to determine the amount of funds awarded pursuant to this subdivision.(4) For purposes of awarding grants pursuant to the over-the-counter application process required by this subdivision:(A) Qualifying infill area means a contiguous area located within an urbanized area that meets either of the following criteria:(i) The area contains sites included on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code, and at least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.(ii) The capital improvement project for which funding is requested is necessary, as documented by an environmental review or some other adopted planning document, to make the area suitable and available for residential development, or to allow the area to accommodate housing for additional income levels, and the area otherwise meets the requirements for inclusion on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code. At least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.(B) Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 50 percent of the perimeter of the site adjoins parcels that are developed with urban uses.(f) (1) For catalytic qualifying infill areas, grants for small jurisdictions and large jurisdictions shall be provided using a selection process established by the department that meets all of the following requirements:(A) Applicants shall meet both of the following minimum threshold requirements:(i) Readiness, which includes both of the following:(I) A demonstration that the catalytic qualifying infill area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application.(II) A demonstration that the eligible applicant has a viable plan to secure sufficient funding, derived from sources other than this part for the timely development of housing within a catalytic qualifying infill area.(ii) A demonstration of the catalytic qualifying infill area locations consistency with an adopted sustainable communities strategy or alternative planning strategy pursuant to Section 65080 of the Government Code.(B) The department shall, at a minimum, rank the affected catalytic qualifying infill areas applications for small jurisdictions and large jurisdictions based on the following:(i) The number of housing units, including affordable units as required in paragraph (2) of subdivision (g) to be developed within the catalytic qualifying infill area.(ii) The depth and duration of the affordability of the housing proposed for within the catalytic qualifying infill area.(iii) The extent to which the average residential densities on the parcel or parcels to be developed exceeds the density standards contained in paragraph (3) of subdivision (g).(iv) The catalytic qualifying infill areas inclusion of, or proximity or accessibility to, a transit station, major transit stop, or other areas yielding significant reductions in vehicle miles traveled.(v) The proximity of planned housing within the catalytic qualifying infill area used in the calculation of the eligible grant amount to existing or planned parks, employment or retail centers, schools, or social services.(vi) Existing or planned ordinances and other zoning or building provisions that facilitate adaptive reuse, including, but not limited to, demonstration that, if the existing commercial, office, or retail structure intended for reuse as housing does not occupy the entirety of the underlying parcel, the adaptive reuse project will be permitted to add to the existing building or structure provided that the addition is consistent with the existing or planned zoning of the parcel.(vii) The extent to which local strategies or programs are in place to prevent the direct or indirect displacement of local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.(viii) The level of community outreach and engagement in project planning, including efforts to involve disadvantaged communities and low-income residents, particularly local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.(ix) Inclusion of any publicly owned lands within the designated catalytic qualifying infill area.(x) Streamlining provisions related to California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, establishment of streamlined, program-level California Environmental Quality Act analysis and certification of general plans, community plans, specific plans with accompanying environmental impact reports, and related documents and streamlining proposed projects, such as enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law.(C) Eligible applicants shall submit the following information in the application request for funding:(i) A complete description of the catalytic qualifying infill area and documentation of how the catalytic qualifying infill area meets the requirements of this section.(ii) A complete description of the capital improvement project and requested grant funding, how the capital improvement project is necessary to support the development of housing, and how it meets the criteria of this section.(iii) Documentation that specifies how the application meets all of the requirements of subdivision (g).(iv) (I) Except as provided in subclause (II), a financial document that shows the gap financing needed for the project.(II) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in subclause (I) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.(v) (I) Except as provided by subclause (II), documentation of all necessary entitlement and permits, and a certification from the applicant that the capital improvement project is shovel-ready.(II) For a catalytic qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in subclause (I) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable distribution of funds, including consideration of differing population sizes of localities and geographic location. Applications shall be considered and ranked against applications of localities of similar size and scope. For the purposes of this paragraph, the population of a county shall be the population in the unincorporated area.(3) The department shall report the following information to the relevant fiscal and policy committees of the Legislature by January 1, 2024:(A) Specific uses of the funds for capital improvement projects.(B) Locations of awarded catalytic qualifying infill area grants, including both of the following:(i) Number of awards by geography, including urban and rural.(ii) The types of buildings adapted to residential use.(C) Total units to be created within the awarded qualifying infill areas, including anticipated affordability levels.(D) Data on catalytic qualifying infill area projects funded, such as project sizes, adaptive reuse ordinances adopted, and by-right sites. (e)(g) A qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area for which a capital improvement project grant may be awarded pursuant to either subdivision (c) or (d) (d), (e), or (f) shall meet all of the following conditions:(1) A qualifying infill area or catalytic qualifying infill area shall be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This paragraph does not apply to a qualifying infill project.(2) Include not less than 15 percent of affordable units, as follows:(A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria.(B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included.(ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced shall not be counted toward meeting the affordability threshold required for eligibility for funding under this section.(C) For the purposes of this subdivision, affordable unit means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and shall be subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale.(D)A qualifying infill project or qualifying infill area for which a disposition and development agreement or other project- or area-specific agreement between the developer and the local agency having jurisdiction over the project has been executed on or before the effective date of the act adding this section, shall be deemed to meet the affordability requirements of this paragraph if the agreement includes affordability covenants that subject the project or area to the production of affordable units for very low, low-, or moderate-income households.(3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre.(4) Be located in an area designated for mixed-use or residential development pursuant to one of the following:(A) A general plan adopted pursuant to Section 65300 of the Government Code.(B) A sustainable communities strategy adopted pursuant to Section 65080 of the Government Code.(C) A specific plan adopted pursuant to Section 65450 of the Government Code.(D) A Workforce Housing Opportunity Zone established pursuant to Section 65620 of the Government Code.(E) A Housing Sustainability District established pursuant to Section 66201 of the Government Code.(f)(h) Funds awarded pursuant to this section shall supplement, not supplant, other available funding.(g)(i) The department shall adopt guidelines for the operation of the grant program. The guidelines shall include performance standards and authorize the reversion of grant awards if the awardee has not substantially met the performance standards. The(1) Performance standards shall include timelines for commencement of construction of a capital improvement project, completion of a capital improvement project, and commencement and completion of associated housing development on an identified infill site, as identified in the qualifying infill project, qualifying infill area, or catalytic qualifying infill area application.(2) Catalytic qualifying infill area awards may be conditioned upon the local jurisdiction completing any actions to expedite housing development rezoning to accommodate density, completing environmental reviews to support ministerial approvals of housing, and granting fee waivers or other incentives to expedite housing development that were used in qualifying for an award.(j) The department shall require recipients of funds to report on progress of capital improvement projects, including, but not limited to, substantiation of grant expenditures and housing outcomes, including levels of affordability as provided in the application.(k) The guidelines may also provide for recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(h)(l) For each fiscal year within the duration of the grant program, the department shall include within the report to the Governor and the Legislature, required by Section 50408, information on its activities relating to the grant program. program activities related to qualifying infill projects and qualifying infill areas, including small jurisdiction funding activities. The report shall include, but is not limited to, the following information:(1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded.(2) The description, location, and estimated date of completion for each project that received a grant award under the program.(3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program.(i)(m) Notwithstanding paragraph (4) (3) of subdivision (e), (g), a city with a population greater than 100,000 in a standard metropolitan statistical area or a population of less than 2,000,000 may petition the department for, and the department may grant, an exception to the jurisdictions classification pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density requirements specified in paragraph (4) (3) of subdivision (e). (g). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (4) (3) of subdivision (e). (g). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2026. | |
| 857 | - | ||
| 858 | - | 53559. (a) The Infill Infrastructure Grant Program of 2019 is hereby established to be administered by the department.(b) Upon appropriation by the Legislature of funds for purposes of this part, the department shall establish and administer a grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area pursuant to the requirements of this section. The department shall determine amounts, if any, to be made available for qualifying infill projects and for projects, qualifying infill areas. infill areas, or catalytic qualifying infill areas.(c) (1) Except for funds appropriated or set aside for small jurisdictions for grants pursuant to subdivision (d), (e), the department shall administer a competitive application process for capital improvement projects for large jurisdictions pursuant to this subdivision.(2) Except for grants for qualifying infill areas or catalytic qualifying infill areas, the department shall do all of the following for grants made pursuant to this subdivision:(A) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this part in addition to those used in the Multifamily Housing Program.(C) Administer funds in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(3)(d) (1) In its review and ranking of applications for the award of capital improvement project grants, the department shall rank the affected qualifying infill projects and qualifying infill areas based on the following priorities:(A) Project readiness, which shall include all of the following:(i) A demonstration that the project or area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application(ii) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill project or development of a qualifying infill area.(B) The depth and duration of the affordability of the housing proposed for a qualifying infill project or qualifying infill area.(C) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (4) (3) of subdivision (e). (g).(D) The qualifying infill projects or qualifying infill areas inclusion of, or proximity or accessibility to, a transit station or major transit stop.(E) The proximity of housing to parks, employment or retail centers, schools, or social services.(F) The qualifying infill project or qualifying infill area locations consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65450 of the Government Code, or other adopted regional growth plan intended to foster efficient land use.(G) For qualifying infill areas, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code.(4)(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds.(5)(3) For purposes of awarding grants pursuant to the competitive application process required by this subdivision:(A) Qualifying infill area means a contiguous area located within an urbanized area (i) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (ii) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualifying infill project.(B) (i)Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.(ii)A property is adjoining the side of a project site if the property is separated from the project site only by an improved public right-of-way.(d)(e) (1) The department shall administer an over-the-counter application process for grants funded by the allocation specified in the appropriation or paragraph (2) of subdivision (a) of Section 53559.2 for capital improvement projects for small jurisdictions, pursuant to this subdivision.(2) Eligible applicants shall submit the following information in the application request for funding:(A) A complete description of the qualifying infill project or qualifying infill area and documentation of how the infill project or infill area meets the requirements of this section.(B) A complete description of the capital improvement project and requested grant funding for the project, how the project is necessary to support the development of housing, and how it meets the criteria of this section.(C) Documentation that specifies how the application meets all of the requirements of subdivision (e). (g).(D) (i) Except as provided in clause (ii), a financial document that shows the gap financing needed for the project.(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in clause (i) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.(E) (i) Except as provided by clause (ii), documentation of all necessary entitlement and permits, and a certification from the applicant that the project is shovel-ready.(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in clause (i) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.(3) The department may establish a per-unit formula to determine the amount of funds awarded pursuant to this subdivision.(4) For purposes of awarding grants pursuant to the over-the-counter application process required by this subdivision:(A) Qualifying infill area means a contiguous area located within an urbanized area that meets either of the following criteria:(i) The area contains sites included on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code, and at least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.(ii) The capital improvement project for which funding is requested is necessary, as documented by an environmental review or some other adopted planning document, to make the area suitable and available for residential development, or to allow the area to accommodate housing for additional income levels, and the area otherwise meets the requirements for inclusion on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code. At least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.(B) Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 50 percent of the perimeter of the site adjoins parcels that are developed with urban uses.(f) (1) For catalytic qualifying infill areas, grants for small jurisdictions and large jurisdictions shall be provided using a selection process established by the department that meets all of the following requirements:(A) Applicants shall meet both of the following minimum threshold requirements:(i) Readiness, which includes both of the following:(I) A demonstration that the catalytic qualifying infill area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application.(II) A demonstration that the eligible applicant has a viable plan to secure sufficient funding, derived from sources other than this part for the timely development of housing within a catalytic qualifying infill area.(ii) A demonstration of the catalytic qualifying infill area locations consistency with an adopted sustainable communities strategy or alternative planning strategy pursuant to Section 65080 of the Government Code.(B) The department shall, at a minimum, rank the affected catalytic qualifying infill areas applications for small jurisdictions and large jurisdictions based on the following:(i) The number of housing units, including affordable units as required in paragraph (2) of subdivision (g) to be developed within the catalytic qualifying infill area.(ii) The depth and duration of the affordability of the housing proposed for within the catalytic qualifying infill area.(iii) The extent to which the average residential densities on the parcel or parcels to be developed exceeds the density standards contained in paragraph (3) of subdivision (g).(iv) The catalytic qualifying infill areas inclusion of, or proximity or accessibility to, a transit station, major transit stop, or other areas yielding significant reductions in vehicle miles traveled.(v) The proximity of planned housing within the catalytic qualifying infill area used in the calculation of the eligible grant amount to existing or planned parks, employment or retail centers, schools, or social services.(vi) Existing or planned ordinances and other zoning or building provisions that facilitate adaptive reuse, including, but not limited to, demonstration that, if the existing commercial, office, or retail structure intended for reuse as housing does not occupy the entirety of the underlying parcel, the adaptive reuse project will be permitted to add to the existing building or structure provided that the addition is consistent with the existing or planned zoning of the parcel.(vii) The extent to which local strategies or programs are in place to prevent the direct or indirect displacement of local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.(viii) The level of community outreach and engagement in project planning, including efforts to involve disadvantaged communities and low-income residents, particularly local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.(ix) Inclusion of any publicly owned lands within the designated catalytic qualifying infill area.(x) Streamlining provisions related to California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, establishment of streamlined, program-level California Environmental Quality Act analysis and certification of general plans, community plans, specific plans with accompanying environmental impact reports, and related documents and streamlining proposed projects, such as enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law.(C) Eligible applicants shall submit the following information in the application request for funding:(i) A complete description of the catalytic qualifying infill area and documentation of how the catalytic qualifying infill area meets the requirements of this section.(ii) A complete description of the capital improvement project and requested grant funding, how the capital improvement project is necessary to support the development of housing, and how it meets the criteria of this section.(iii) Documentation that specifies how the application meets all of the requirements of subdivision (g).(iv) (I) Except as provided in subclause (II), a financial document that shows the gap financing needed for the project.(II) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in subclause (I) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.(v) (I) Except as provided by subclause (II), documentation of all necessary entitlement and permits, and a certification from the applicant that the capital improvement project is shovel-ready.(II) For a catalytic qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in subclause (I) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable distribution of funds, including consideration of differing population sizes of localities and geographic location. Applications shall be considered and ranked against applications of localities of similar size and scope. For the purposes of this paragraph, the population of a county shall be the population in the unincorporated area.(3) The department shall report the following information to the relevant fiscal and policy committees of the Legislature by January 1, 2024:(A) Specific uses of the funds for capital improvement projects.(B) Locations of awarded catalytic qualifying infill area grants, including both of the following:(i) Number of awards by geography, including urban and rural.(ii) The types of buildings adapted to residential use.(C) Total units to be created within the awarded qualifying infill areas, including anticipated affordability levels.(D) Data on catalytic qualifying infill area projects funded, such as project sizes, adaptive reuse ordinances adopted, and by-right sites. (e)(g) A qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area for which a capital improvement project grant may be awarded pursuant to either subdivision (c) or (d) (d), (e), or (f) shall meet all of the following conditions:(1) A qualifying infill area or catalytic qualifying infill area shall be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This paragraph does not apply to a qualifying infill project.(2) Include not less than 15 percent of affordable units, as follows:(A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria.(B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included.(ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced shall not be counted toward meeting the affordability threshold required for eligibility for funding under this section.(C) For the purposes of this subdivision, affordable unit means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and shall be subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale.(D)A qualifying infill project or qualifying infill area for which a disposition and development agreement or other project- or area-specific agreement between the developer and the local agency having jurisdiction over the project has been executed on or before the effective date of the act adding this section, shall be deemed to meet the affordability requirements of this paragraph if the agreement includes affordability covenants that subject the project or area to the production of affordable units for very low, low-, or moderate-income households.(3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre.(4) Be located in an area designated for mixed-use or residential development pursuant to one of the following:(A) A general plan adopted pursuant to Section 65300 of the Government Code.(B) A sustainable communities strategy adopted pursuant to Section 65080 of the Government Code.(C) A specific plan adopted pursuant to Section 65450 of the Government Code.(D) A Workforce Housing Opportunity Zone established pursuant to Section 65620 of the Government Code.(E) A Housing Sustainability District established pursuant to Section 66201 of the Government Code.(f)(h) Funds awarded pursuant to this section shall supplement, not supplant, other available funding.(g)(i) The department shall adopt guidelines for the operation of the grant program. The guidelines shall include performance standards and authorize the reversion of grant awards if the awardee has not substantially met the performance standards. The(1) Performance standards shall include timelines for commencement of construction of a capital improvement project, completion of a capital improvement project, and commencement and completion of associated housing development on an identified infill site, as identified in the qualifying infill project, qualifying infill area, or catalytic qualifying infill area application.(2) Catalytic qualifying infill area awards may be conditioned upon the local jurisdiction completing any actions to expedite housing development rezoning to accommodate density, completing environmental reviews to support ministerial approvals of housing, and granting fee waivers or other incentives to expedite housing development that were used in qualifying for an award.(j) The department shall require recipients of funds to report on progress of capital improvement projects, including, but not limited to, substantiation of grant expenditures and housing outcomes, including levels of affordability as provided in the application.(k) The guidelines may also provide for recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(h)(l) For each fiscal year within the duration of the grant program, the department shall include within the report to the Governor and the Legislature, required by Section 50408, information on its activities relating to the grant program. program activities related to qualifying infill projects and qualifying infill areas, including small jurisdiction funding activities. The report shall include, but is not limited to, the following information:(1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded.(2) The description, location, and estimated date of completion for each project that received a grant award under the program.(3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program.(i)(m) Notwithstanding paragraph (4) (3) of subdivision (e), (g), a city with a population greater than 100,000 in a standard metropolitan statistical area or a population of less than 2,000,000 may petition the department for, and the department may grant, an exception to the jurisdictions classification pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density requirements specified in paragraph (4) (3) of subdivision (e). (g). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (4) (3) of subdivision (e). (g). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2026. | |
| 859 | - | ||
| 860 | - | 53559. (a) The Infill Infrastructure Grant Program of 2019 is hereby established to be administered by the department.(b) Upon appropriation by the Legislature of funds for purposes of this part, the department shall establish and administer a grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area pursuant to the requirements of this section. The department shall determine amounts, if any, to be made available for qualifying infill projects and for projects, qualifying infill areas. infill areas, or catalytic qualifying infill areas.(c) (1) Except for funds appropriated or set aside for small jurisdictions for grants pursuant to subdivision (d), (e), the department shall administer a competitive application process for capital improvement projects for large jurisdictions pursuant to this subdivision.(2) Except for grants for qualifying infill areas or catalytic qualifying infill areas, the department shall do all of the following for grants made pursuant to this subdivision:(A) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this part in addition to those used in the Multifamily Housing Program.(C) Administer funds in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(3)(d) (1) In its review and ranking of applications for the award of capital improvement project grants, the department shall rank the affected qualifying infill projects and qualifying infill areas based on the following priorities:(A) Project readiness, which shall include all of the following:(i) A demonstration that the project or area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application(ii) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill project or development of a qualifying infill area.(B) The depth and duration of the affordability of the housing proposed for a qualifying infill project or qualifying infill area.(C) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (4) (3) of subdivision (e). (g).(D) The qualifying infill projects or qualifying infill areas inclusion of, or proximity or accessibility to, a transit station or major transit stop.(E) The proximity of housing to parks, employment or retail centers, schools, or social services.(F) The qualifying infill project or qualifying infill area locations consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65450 of the Government Code, or other adopted regional growth plan intended to foster efficient land use.(G) For qualifying infill areas, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code.(4)(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds.(5)(3) For purposes of awarding grants pursuant to the competitive application process required by this subdivision:(A) Qualifying infill area means a contiguous area located within an urbanized area (i) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (ii) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualifying infill project.(B) (i)Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.(ii)A property is adjoining the side of a project site if the property is separated from the project site only by an improved public right-of-way.(d)(e) (1) The department shall administer an over-the-counter application process for grants funded by the allocation specified in the appropriation or paragraph (2) of subdivision (a) of Section 53559.2 for capital improvement projects for small jurisdictions, pursuant to this subdivision.(2) Eligible applicants shall submit the following information in the application request for funding:(A) A complete description of the qualifying infill project or qualifying infill area and documentation of how the infill project or infill area meets the requirements of this section.(B) A complete description of the capital improvement project and requested grant funding for the project, how the project is necessary to support the development of housing, and how it meets the criteria of this section.(C) Documentation that specifies how the application meets all of the requirements of subdivision (e). (g).(D) (i) Except as provided in clause (ii), a financial document that shows the gap financing needed for the project.(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in clause (i) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.(E) (i) Except as provided by clause (ii), documentation of all necessary entitlement and permits, and a certification from the applicant that the project is shovel-ready.(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in clause (i) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.(3) The department may establish a per-unit formula to determine the amount of funds awarded pursuant to this subdivision.(4) For purposes of awarding grants pursuant to the over-the-counter application process required by this subdivision:(A) Qualifying infill area means a contiguous area located within an urbanized area that meets either of the following criteria:(i) The area contains sites included on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code, and at least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.(ii) The capital improvement project for which funding is requested is necessary, as documented by an environmental review or some other adopted planning document, to make the area suitable and available for residential development, or to allow the area to accommodate housing for additional income levels, and the area otherwise meets the requirements for inclusion on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code. At least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.(B) Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 50 percent of the perimeter of the site adjoins parcels that are developed with urban uses.(f) (1) For catalytic qualifying infill areas, grants for small jurisdictions and large jurisdictions shall be provided using a selection process established by the department that meets all of the following requirements:(A) Applicants shall meet both of the following minimum threshold requirements:(i) Readiness, which includes both of the following:(I) A demonstration that the catalytic qualifying infill area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application.(II) A demonstration that the eligible applicant has a viable plan to secure sufficient funding, derived from sources other than this part for the timely development of housing within a catalytic qualifying infill area.(ii) A demonstration of the catalytic qualifying infill area locations consistency with an adopted sustainable communities strategy or alternative planning strategy pursuant to Section 65080 of the Government Code.(B) The department shall, at a minimum, rank the affected catalytic qualifying infill areas applications for small jurisdictions and large jurisdictions based on the following:(i) The number of housing units, including affordable units as required in paragraph (2) of subdivision (g) to be developed within the catalytic qualifying infill area.(ii) The depth and duration of the affordability of the housing proposed for within the catalytic qualifying infill area.(iii) The extent to which the average residential densities on the parcel or parcels to be developed exceeds the density standards contained in paragraph (3) of subdivision (g).(iv) The catalytic qualifying infill areas inclusion of, or proximity or accessibility to, a transit station, major transit stop, or other areas yielding significant reductions in vehicle miles traveled.(v) The proximity of planned housing within the catalytic qualifying infill area used in the calculation of the eligible grant amount to existing or planned parks, employment or retail centers, schools, or social services.(vi) Existing or planned ordinances and other zoning or building provisions that facilitate adaptive reuse, including, but not limited to, demonstration that, if the existing commercial, office, or retail structure intended for reuse as housing does not occupy the entirety of the underlying parcel, the adaptive reuse project will be permitted to add to the existing building or structure provided that the addition is consistent with the existing or planned zoning of the parcel.(vii) The extent to which local strategies or programs are in place to prevent the direct or indirect displacement of local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.(viii) The level of community outreach and engagement in project planning, including efforts to involve disadvantaged communities and low-income residents, particularly local community residents and businesses from the area within and surrounding the catalytic qualifying infill area.(ix) Inclusion of any publicly owned lands within the designated catalytic qualifying infill area.(x) Streamlining provisions related to California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, establishment of streamlined, program-level California Environmental Quality Act analysis and certification of general plans, community plans, specific plans with accompanying environmental impact reports, and related documents and streamlining proposed projects, such as enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law.(C) Eligible applicants shall submit the following information in the application request for funding:(i) A complete description of the catalytic qualifying infill area and documentation of how the catalytic qualifying infill area meets the requirements of this section.(ii) A complete description of the capital improvement project and requested grant funding, how the capital improvement project is necessary to support the development of housing, and how it meets the criteria of this section.(iii) Documentation that specifies how the application meets all of the requirements of subdivision (g).(iv) (I) Except as provided in subclause (II), a financial document that shows the gap financing needed for the project.(II) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in subclause (I) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project.(v) (I) Except as provided by subclause (II), documentation of all necessary entitlement and permits, and a certification from the applicant that the capital improvement project is shovel-ready.(II) For a catalytic qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in subclause (I) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.(2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable distribution of funds, including consideration of differing population sizes of localities and geographic location. Applications shall be considered and ranked against applications of localities of similar size and scope. For the purposes of this paragraph, the population of a county shall be the population in the unincorporated area.(3) The department shall report the following information to the relevant fiscal and policy committees of the Legislature by January 1, 2024:(A) Specific uses of the funds for capital improvement projects.(B) Locations of awarded catalytic qualifying infill area grants, including both of the following:(i) Number of awards by geography, including urban and rural.(ii) The types of buildings adapted to residential use.(C) Total units to be created within the awarded qualifying infill areas, including anticipated affordability levels.(D) Data on catalytic qualifying infill area projects funded, such as project sizes, adaptive reuse ordinances adopted, and by-right sites. (e)(g) A qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area for which a capital improvement project grant may be awarded pursuant to either subdivision (c) or (d) (d), (e), or (f) shall meet all of the following conditions:(1) A qualifying infill area or catalytic qualifying infill area shall be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This paragraph does not apply to a qualifying infill project.(2) Include not less than 15 percent of affordable units, as follows:(A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria.(B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included.(ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced shall not be counted toward meeting the affordability threshold required for eligibility for funding under this section.(C) For the purposes of this subdivision, affordable unit means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and shall be subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale.(D)A qualifying infill project or qualifying infill area for which a disposition and development agreement or other project- or area-specific agreement between the developer and the local agency having jurisdiction over the project has been executed on or before the effective date of the act adding this section, shall be deemed to meet the affordability requirements of this paragraph if the agreement includes affordability covenants that subject the project or area to the production of affordable units for very low, low-, or moderate-income households.(3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre.(4) Be located in an area designated for mixed-use or residential development pursuant to one of the following:(A) A general plan adopted pursuant to Section 65300 of the Government Code.(B) A sustainable communities strategy adopted pursuant to Section 65080 of the Government Code.(C) A specific plan adopted pursuant to Section 65450 of the Government Code.(D) A Workforce Housing Opportunity Zone established pursuant to Section 65620 of the Government Code.(E) A Housing Sustainability District established pursuant to Section 66201 of the Government Code.(f)(h) Funds awarded pursuant to this section shall supplement, not supplant, other available funding.(g)(i) The department shall adopt guidelines for the operation of the grant program. The guidelines shall include performance standards and authorize the reversion of grant awards if the awardee has not substantially met the performance standards. The(1) Performance standards shall include timelines for commencement of construction of a capital improvement project, completion of a capital improvement project, and commencement and completion of associated housing development on an identified infill site, as identified in the qualifying infill project, qualifying infill area, or catalytic qualifying infill area application.(2) Catalytic qualifying infill area awards may be conditioned upon the local jurisdiction completing any actions to expedite housing development rezoning to accommodate density, completing environmental reviews to support ministerial approvals of housing, and granting fee waivers or other incentives to expedite housing development that were used in qualifying for an award.(j) The department shall require recipients of funds to report on progress of capital improvement projects, including, but not limited to, substantiation of grant expenditures and housing outcomes, including levels of affordability as provided in the application.(k) The guidelines may also provide for recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(h)(l) For each fiscal year within the duration of the grant program, the department shall include within the report to the Governor and the Legislature, required by Section 50408, information on its activities relating to the grant program. program activities related to qualifying infill projects and qualifying infill areas, including small jurisdiction funding activities. The report shall include, but is not limited to, the following information:(1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded.(2) The description, location, and estimated date of completion for each project that received a grant award under the program.(3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program.(i)(m) Notwithstanding paragraph (4) (3) of subdivision (e), (g), a city with a population greater than 100,000 in a standard metropolitan statistical area or a population of less than 2,000,000 may petition the department for, and the department may grant, an exception to the jurisdictions classification pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density requirements specified in paragraph (4) (3) of subdivision (e). (g). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (4) (3) of subdivision (e). (g). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2026. | |
| 861 | 283 | ||
| 862 | 284 | ||
| 863 | 285 | ||
| 864 | - | 53559. (a) The Infill Infrastructure Grant Program of 2019 is hereby established to be administered by the department. | |
| 865 | - | ||
| 866 | - | (b) Upon appropriation by the Legislature of funds for purposes of this part, the department shall establish and administer a grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area pursuant to the requirements of this section. The department shall determine amounts, if any, to be made available for qualifying infill projects and for projects, qualifying infill areas. infill areas, or catalytic qualifying infill areas. | |
| 867 | - | ||
| 868 | - | (c) (1) Except for funds appropriated or set aside for small jurisdictions for grants pursuant to subdivision (d), (e), the department shall administer a competitive application process for capital improvement projects for large jurisdictions pursuant to this subdivision. | |
| 869 | - | ||
| 870 | - | (2) Except for grants for qualifying infill areas or catalytic qualifying infill areas, the department shall do all of the following for grants made pursuant to this subdivision: | |
| 871 | - | ||
| 872 | - | (A) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). | |
| 873 | - | ||
| 874 | - | (B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this part in addition to those used in the Multifamily Housing Program. | |
| 875 | - | ||
| 876 | - | (C) Administer funds in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). | |
| 877 | - | ||
| 878 | - | (3) | |
| 879 | 286 | ||
| 880 | 287 | ||
| 881 | 288 | ||
| 882 | - | (d) (1) In its review and ranking of applications for the award of capital improvement project grants, the department shall rank the affected qualifying infill projects and qualifying infill areas based on the following priorities: | |
| 883 | - | ||
| 884 | - | (A) Project readiness, which shall include all of the following: | |
| 885 | - | ||
| 886 | - | (i) A demonstration that the project or area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application | |
| 887 | - | ||
| 888 | - | (ii) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill project or development of a qualifying infill area. | |
| 889 | - | ||
| 890 | - | (B) The depth and duration of the affordability of the housing proposed for a qualifying infill project or qualifying infill area. | |
| 891 | - | ||
| 892 | - | (C) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (4) (3) of subdivision (e). (g). | |
| 893 | - | ||
| 894 | - | (D) The qualifying infill projects or qualifying infill areas inclusion of, or proximity or accessibility to, a transit station or major transit stop. | |
| 895 | - | ||
| 896 | - | (E) The proximity of housing to parks, employment or retail centers, schools, or social services. | |
| 897 | - | ||
| 898 | - | (F) The qualifying infill project or qualifying infill area locations consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65450 of the Government Code, or other adopted regional growth plan intended to foster efficient land use. | |
| 899 | - | ||
| 900 | - | (G) For qualifying infill areas, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code. | |
| 901 | - | ||
| 902 | - | (4) | |
| 289 | + | (a)(1) In addition to the appropriation required for state contributions to prefund retiree health care and other postemployment benefits pursuant to Section 22944.5, the Legislature hereby appropriates six hundred sixteen million dollars ($616,000,000) from the General Fund on behalf of employees for the 202021 employee prefunding contributions that were suspended. The appropriation made by this section represents a portion of the amount identified in paragraph (3) of subdivision (d) of Section 35.50 of the Budget Act of 2021. The appropriation shall be consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used as described in subdivision (b). | |
| 903 | 290 | ||
| 904 | 291 | ||
| 905 | 292 | ||
| 906 | - | (2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds. | |
| 907 | - | ||
| 908 | - | (5) | |
| 293 | + | (2)The supplemental payment to the Annuitants Health Care Coverage Fund described in paragraph (1) shall be apportioned to the following state employee bargaining unit subaccounts, as directed by the Department of Finance, not to exceed the following amounts: | |
| 909 | 294 | ||
| 910 | 295 | ||
| 911 | 296 | ||
| 912 | - | (3) For purposes of awarding grants pursuant to the competitive application process required by this subdivision: | |
| 913 | - | ||
| 914 | - | (A) Qualifying infill area means a contiguous area located within an urbanized area (i) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (ii) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualifying infill project. | |
| 915 | - | ||
| 916 | - | (B) (i)Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. | |
| 917 | - | ||
| 918 | - | (ii)A property is adjoining the side of a project site if the property is separated from the project site only by an improved public right-of-way. | |
| 297 | + | (A)Two hundred fifty-one million dollars ($251,000,000) to the subaccount for employees in State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21. | |
| 919 | 298 | ||
| 920 | 299 | ||
| 921 | 300 | ||
| 922 | - | ( | |
| 301 | + | (B)Eleven million dollars ($11,000,000) to the subaccount for employees in State Bargaining Unit 2. | |
| 923 | 302 | ||
| 924 | 303 | ||
| 925 | 304 | ||
| 926 | - | (e) (1) The department shall administer an over-the-counter application process for grants funded by the allocation specified in the appropriation or paragraph (2) of subdivision (a) of Section 53559.2 for capital improvement projects for small jurisdictions, pursuant to this subdivision. | |
| 927 | - | ||
| 928 | - | (2) Eligible applicants shall submit the following information in the application request for funding: | |
| 929 | - | ||
| 930 | - | (A) A complete description of the qualifying infill project or qualifying infill area and documentation of how the infill project or infill area meets the requirements of this section. | |
| 931 | - | ||
| 932 | - | (B) A complete description of the capital improvement project and requested grant funding for the project, how the project is necessary to support the development of housing, and how it meets the criteria of this section. | |
| 933 | - | ||
| 934 | - | (C) Documentation that specifies how the application meets all of the requirements of subdivision (e). (g). | |
| 935 | - | ||
| 936 | - | (D) (i) Except as provided in clause (ii), a financial document that shows the gap financing needed for the project. | |
| 937 | - | ||
| 938 | - | (ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in clause (i) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project. | |
| 939 | - | ||
| 940 | - | (E) (i) Except as provided by clause (ii), documentation of all necessary entitlement and permits, and a certification from the applicant that the project is shovel-ready. | |
| 941 | - | ||
| 942 | - | (ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in clause (i) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded. | |
| 943 | - | ||
| 944 | - | (3) The department may establish a per-unit formula to determine the amount of funds awarded pursuant to this subdivision. | |
| 945 | - | ||
| 946 | - | (4) For purposes of awarding grants pursuant to the over-the-counter application process required by this subdivision: | |
| 947 | - | ||
| 948 | - | (A) Qualifying infill area means a contiguous area located within an urbanized area that meets either of the following criteria: | |
| 949 | - | ||
| 950 | - | (i) The area contains sites included on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code, and at least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses. | |
| 951 | - | ||
| 952 | - | (ii) The capital improvement project for which funding is requested is necessary, as documented by an environmental review or some other adopted planning document, to make the area suitable and available for residential development, or to allow the area to accommodate housing for additional income levels, and the area otherwise meets the requirements for inclusion on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code. At least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses. | |
| 953 | - | ||
| 954 | - | (B) Qualifying infill project means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 50 percent of the perimeter of the site adjoins parcels that are developed with urban uses. | |
| 955 | - | ||
| 956 | - | (f) (1) For catalytic qualifying infill areas, grants for small jurisdictions and large jurisdictions shall be provided using a selection process established by the department that meets all of the following requirements: | |
| 957 | - | ||
| 958 | - | (A) Applicants shall meet both of the following minimum threshold requirements: | |
| 959 | - | ||
| 960 | - | (i) Readiness, which includes both of the following: | |
| 961 | - | ||
| 962 | - | (I) A demonstration that the catalytic qualifying infill area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application. | |
| 963 | - | ||
| 964 | - | (II) A demonstration that the eligible applicant has a viable plan to secure sufficient funding, derived from sources other than this part for the timely development of housing within a catalytic qualifying infill area. | |
| 965 | - | ||
| 966 | - | (ii) A demonstration of the catalytic qualifying infill area locations consistency with an adopted sustainable communities strategy or alternative planning strategy pursuant to Section 65080 of the Government Code. | |
| 967 | - | ||
| 968 | - | (B) The department shall, at a minimum, rank the affected catalytic qualifying infill areas applications for small jurisdictions and large jurisdictions based on the following: | |
| 969 | - | ||
| 970 | - | (i) The number of housing units, including affordable units as required in paragraph (2) of subdivision (g) to be developed within the catalytic qualifying infill area. | |
| 971 | - | ||
| 972 | - | (ii) The depth and duration of the affordability of the housing proposed for within the catalytic qualifying infill area. | |
| 973 | - | ||
| 974 | - | (iii) The extent to which the average residential densities on the parcel or parcels to be developed exceeds the density standards contained in paragraph (3) of subdivision (g). | |
| 975 | - | ||
| 976 | - | (iv) The catalytic qualifying infill areas inclusion of, or proximity or accessibility to, a transit station, major transit stop, or other areas yielding significant reductions in vehicle miles traveled. | |
| 977 | - | ||
| 978 | - | (v) The proximity of planned housing within the catalytic qualifying infill area used in the calculation of the eligible grant amount to existing or planned parks, employment or retail centers, schools, or social services. | |
| 979 | - | ||
| 980 | - | (vi) Existing or planned ordinances and other zoning or building provisions that facilitate adaptive reuse, including, but not limited to, demonstration that, if the existing commercial, office, or retail structure intended for reuse as housing does not occupy the entirety of the underlying parcel, the adaptive reuse project will be permitted to add to the existing building or structure provided that the addition is consistent with the existing or planned zoning of the parcel. | |
| 981 | - | ||
| 982 | - | (vii) The extent to which local strategies or programs are in place to prevent the direct or indirect displacement of local community residents and businesses from the area within and surrounding the catalytic qualifying infill area. | |
| 983 | - | ||
| 984 | - | (viii) The level of community outreach and engagement in project planning, including efforts to involve disadvantaged communities and low-income residents, particularly local community residents and businesses from the area within and surrounding the catalytic qualifying infill area. | |
| 985 | - | ||
| 986 | - | (ix) Inclusion of any publicly owned lands within the designated catalytic qualifying infill area. | |
| 987 | - | ||
| 988 | - | (x) Streamlining provisions related to California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, establishment of streamlined, program-level California Environmental Quality Act analysis and certification of general plans, community plans, specific plans with accompanying environmental impact reports, and related documents and streamlining proposed projects, such as enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law. | |
| 989 | - | ||
| 990 | - | (C) Eligible applicants shall submit the following information in the application request for funding: | |
| 991 | - | ||
| 992 | - | (i) A complete description of the catalytic qualifying infill area and documentation of how the catalytic qualifying infill area meets the requirements of this section. | |
| 993 | - | ||
| 994 | - | (ii) A complete description of the capital improvement project and requested grant funding, how the capital improvement project is necessary to support the development of housing, and how it meets the criteria of this section. | |
| 995 | - | ||
| 996 | - | (iii) Documentation that specifies how the application meets all of the requirements of subdivision (g). | |
| 997 | - | ||
| 998 | - | (iv) (I) Except as provided in subclause (II), a financial document that shows the gap financing needed for the project. | |
| 999 | - | ||
| 1000 | - | (II) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in subclause (I) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project. | |
| 1001 | - | ||
| 1002 | - | (v) (I) Except as provided by subclause (II), documentation of all necessary entitlement and permits, and a certification from the applicant that the capital improvement project is shovel-ready. | |
| 1003 | - | ||
| 1004 | - | (II) For a catalytic qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in subclause (I) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded. | |
| 1005 | - | ||
| 1006 | - | (2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable distribution of funds, including consideration of differing population sizes of localities and geographic location. Applications shall be considered and ranked against applications of localities of similar size and scope. For the purposes of this paragraph, the population of a county shall be the population in the unincorporated area. | |
| 1007 | - | ||
| 1008 | - | (3) The department shall report the following information to the relevant fiscal and policy committees of the Legislature by January 1, 2024: | |
| 1009 | - | ||
| 1010 | - | (A) Specific uses of the funds for capital improvement projects. | |
| 1011 | - | ||
| 1012 | - | (B) Locations of awarded catalytic qualifying infill area grants, including both of the following: | |
| 1013 | - | ||
| 1014 | - | (i) Number of awards by geography, including urban and rural. | |
| 1015 | - | ||
| 1016 | - | (ii) The types of buildings adapted to residential use. | |
| 1017 | - | ||
| 1018 | - | (C) Total units to be created within the awarded qualifying infill areas, including anticipated affordability levels. | |
| 1019 | - | ||
| 1020 | - | (D) Data on catalytic qualifying infill area projects funded, such as project sizes, adaptive reuse ordinances adopted, and by-right sites. | |
| 1021 | - | ||
| 1022 | - | (e) | |
| 305 | + | (C)Sixty-five million dollars ($65,000,000) to the subaccount for employees in State Bargaining Unit 5. | |
| 1023 | 306 | ||
| 1024 | 307 | ||
| 1025 | 308 | ||
| 1026 | - | (g) A qualifying infill project or project, qualifying infill area, or catalytic qualifying infill area for which a capital improvement project grant may be awarded pursuant to either subdivision (c) or (d) (d), (e), or (f) shall meet all of the following conditions: | |
| 1027 | - | ||
| 1028 | - | (1) A qualifying infill area or catalytic qualifying infill area shall be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This paragraph does not apply to a qualifying infill project. | |
| 1029 | - | ||
| 1030 | - | (2) Include not less than 15 percent of affordable units, as follows: | |
| 1031 | - | ||
| 1032 | - | (A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria. | |
| 1033 | - | ||
| 1034 | - | (B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included. | |
| 1035 | - | ||
| 1036 | - | (ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced shall not be counted toward meeting the affordability threshold required for eligibility for funding under this section. | |
| 1037 | - | ||
| 1038 | - | (C) For the purposes of this subdivision, affordable unit means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and shall be subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale. | |
| 1039 | - | ||
| 1040 | - | (D)A qualifying infill project or qualifying infill area for which a disposition and development agreement or other project- or area-specific agreement between the developer and the local agency having jurisdiction over the project has been executed on or before the effective date of the act adding this section, shall be deemed to meet the affordability requirements of this paragraph if the agreement includes affordability covenants that subject the project or area to the production of affordable units for very low, low-, or moderate-income households. | |
| 309 | + | (D)One hundred fifteen million dollars ($115,000,000) to the subaccount for employees in State Bargaining Unit 6. | |
| 1041 | 310 | ||
| 1042 | 311 | ||
| 1043 | 312 | ||
| 1044 | - | (3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre. | |
| 1045 | - | ||
| 1046 | - | (4) Be located in an area designated for mixed-use or residential development pursuant to one of the following: | |
| 1047 | - | ||
| 1048 | - | (A) A general plan adopted pursuant to Section 65300 of the Government Code. | |
| 1049 | - | ||
| 1050 | - | (B) A sustainable communities strategy adopted pursuant to Section 65080 of the Government Code. | |
| 1051 | - | ||
| 1052 | - | (C) A specific plan adopted pursuant to Section 65450 of the Government Code. | |
| 1053 | - | ||
| 1054 | - | (D) A Workforce Housing Opportunity Zone established pursuant to Section 65620 of the Government Code. | |
| 1055 | - | ||
| 1056 | - | (E) A Housing Sustainability District established pursuant to Section 66201 of the Government Code. | |
| 1057 | - | ||
| 1058 | - | (f) | |
| 313 | + | (E)Twenty-five million dollars ($25,000,000) to the subaccount for employees in State Bargaining Unit 7. | |
| 1059 | 314 | ||
| 1060 | 315 | ||
| 1061 | 316 | ||
| 1062 | - | (h) Funds awarded pursuant to this section shall supplement, not supplant, other available funding. | |
| 1063 | - | ||
| 1064 | - | (g) | |
| 317 | + | (F)Twenty-three million dollars ($23,000,000) to the subaccount for employees in State Bargaining Unit 8. | |
| 1065 | 318 | ||
| 1066 | 319 | ||
| 1067 | 320 | ||
| 1068 | - | (i) The department shall adopt guidelines for the operation of the grant program. The guidelines shall include performance standards and authorize the reversion of grant awards if the awardee has not substantially met the performance standards. The | |
| 1069 | - | ||
| 1070 | - | (1) Performance standards shall include timelines for commencement of construction of a capital improvement project, completion of a capital improvement project, and commencement and completion of associated housing development on an identified infill site, as identified in the qualifying infill project, qualifying infill area, or catalytic qualifying infill area application. | |
| 1071 | - | ||
| 1072 | - | (2) Catalytic qualifying infill area awards may be conditioned upon the local jurisdiction completing any actions to expedite housing development rezoning to accommodate density, completing environmental reviews to support ministerial approvals of housing, and granting fee waivers or other incentives to expedite housing development that were used in qualifying for an award. | |
| 1073 | - | ||
| 1074 | - | (j) The department shall require recipients of funds to report on progress of capital improvement projects, including, but not limited to, substantiation of grant expenditures and housing outcomes, including levels of affordability as provided in the application. | |
| 1075 | - | ||
| 1076 | - | (k) The guidelines may also provide for recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. | |
| 1077 | - | ||
| 1078 | - | (h) | |
| 321 | + | (G)Twenty-eight million dollars ($28,000,000) to the subaccount for employees in State Bargaining Unit 9. | |
| 1079 | 322 | ||
| 1080 | 323 | ||
| 1081 | 324 | ||
| 1082 | - | (l) For each fiscal year within the duration of the grant program, the department shall include within the report to the Governor and the Legislature, required by Section 50408, information on its activities relating to the grant program. program activities related to qualifying infill projects and qualifying infill areas, including small jurisdiction funding activities. The report shall include, but is not limited to, the following information: | |
| 1083 | - | ||
| 1084 | - | (1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded. | |
| 1085 | - | ||
| 1086 | - | (2) The description, location, and estimated date of completion for each project that received a grant award under the program. | |
| 1087 | - | ||
| 1088 | - | (3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program. | |
| 1089 | - | ||
| 1090 | - | (i) | |
| 325 | + | (H)Nine million dollars ($9,000,000) to the subaccount for employees in State Bargaining Unit 10. | |
| 1091 | 326 | ||
| 1092 | 327 | ||
| 1093 | 328 | ||
| 1094 | - | (m) Notwithstanding paragraph (4) (3) of subdivision (e), (g), a city with a population greater than 100,000 in a standard metropolitan statistical area or a population of less than 2,000,000 may petition the department for, and the department may grant, an exception to the jurisdictions classification pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density requirements specified in paragraph (4) (3) of subdivision (e). (g). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (4) (3) of subdivision (e). (g). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2026. | |
| 1095 | - | ||
| 1096 | - | SEC. 13. Section 53559.1 of the Health and Safety Code is amended to read:53559.1. For the purposes of this part, the following definitions apply:(a) Adaptive reuse means the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. When referring to building structures, adaptive reuse means retrofitting and repurposing of existing buildings that create new residential rental units, and expressly excludes a project that involves rehabilitation of any construction affecting existing residential units that are, or have been, recently occupied. (a)(b) Capital improvement project means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following:(1) The creation, development, or rehabilitation of parks or open space.(2) Water, sewer, or other utility service improvements.(3) Streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit.(4) Facilities that support pedestrian or bicycle transit.(5) Traffic mitigation.(6)Qualifying infill project or qualifying infill area site preparation or demolition. (7)(6) Sidewalk or streetscape improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities.(7) Adaptive reuse.(8) Site preparation or demolition related to the capital improvement project or planned housing development used in calculating the eligible grant amount.(c) Catalytic qualifying infill area means a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet all of the following requirements:(1) The contiguous area or noncontiguous parcels have been previously developed, or at least 75 percent of the perimeter of each parcel or area adjoins parcels that are developed or have been previously developed with urban uses, provided that, for small jurisdiction applicants, the perimeter requirements in clause (i) of subparagraph (A) of paragraph (4) of subdivision (e) of Section 53559 shall apply. For purposes of this paragraph, perimeters bordering navigable bodies of water and improved parks shall not be included.(2) No parcel within or adjoining the area is classified as agricultural or natural and working lands.(3) The area or areas constitute a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing.(d) (1) Disadvantaged communities means any of the following:(A) Concentrated areas of poverty.(B) Areas of high segregation and poverty and areas of low to moderate access to opportunity, as identified in opportunity area maps developed by the department and the California Tax Credit Allocation Committee.(C) Communities of concern, disadvantaged communities identified pursuant to Section 39711, and low-income communities as defined in subdivision (d) of Section 39713.(D) Areas of high housing cost burdens.(E) Areas with high vulnerability of displacement; areas related to tribal entities.(F) Any other areas experiencing disproportionate impacts of Californias housing and climate crisis.(2) Applicants may propose alternative definitions to disadvantaged communities in consultation with the department. (b)(e) Eligible applicant means any of the following:(1)A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area.(2)(1) A nonprofit or for-profit developer of a qualifying infill project.(2) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area or catalytic qualifying infill area. A metropolitan planning organization may participate as a coapplicant.(3) The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 that is the developer of a qualifying infill project.(A) A tribal entity may apply as a small jurisdiction or large jurisdiction, but may only apply as one or the other for any single qualifying infill project or qualifying infill area.(B) The department may modify or waive requirements of this division consistent with the intent of paragraphs (1) and (2) of subdivision (p) of Section 50406 to allow tribal entities to access funding.(f) Locality means a city, county, or city and county where a county means the unincorporated areas of that county. (c)(g) Small jurisdiction means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county.(d)(h) Large jurisdiction means a county that is not a small jurisdiction, or any city within that county.(e)(i) Urbanized area means an incorporated city or an urbanized area or urban cluster as defined by the United States Census Bureau. For unincorporated areas outside of an urban area or urban cluster, the area must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water. city. For sites in unincorporated areas, the site must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water.(f)(j) Urban uses means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. | |
| 1097 | - | ||
| 1098 | - | SEC. 13. Section 53559.1 of the Health and Safety Code is amended to read: | |
| 1099 | - | ||
| 1100 | - | ### SEC. 13. | |
| 1101 | - | ||
| 1102 | - | 53559.1. For the purposes of this part, the following definitions apply:(a) Adaptive reuse means the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. When referring to building structures, adaptive reuse means retrofitting and repurposing of existing buildings that create new residential rental units, and expressly excludes a project that involves rehabilitation of any construction affecting existing residential units that are, or have been, recently occupied. (a)(b) Capital improvement project means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following:(1) The creation, development, or rehabilitation of parks or open space.(2) Water, sewer, or other utility service improvements.(3) Streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit.(4) Facilities that support pedestrian or bicycle transit.(5) Traffic mitigation.(6)Qualifying infill project or qualifying infill area site preparation or demolition. (7)(6) Sidewalk or streetscape improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities.(7) Adaptive reuse.(8) Site preparation or demolition related to the capital improvement project or planned housing development used in calculating the eligible grant amount.(c) Catalytic qualifying infill area means a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet all of the following requirements:(1) The contiguous area or noncontiguous parcels have been previously developed, or at least 75 percent of the perimeter of each parcel or area adjoins parcels that are developed or have been previously developed with urban uses, provided that, for small jurisdiction applicants, the perimeter requirements in clause (i) of subparagraph (A) of paragraph (4) of subdivision (e) of Section 53559 shall apply. For purposes of this paragraph, perimeters bordering navigable bodies of water and improved parks shall not be included.(2) No parcel within or adjoining the area is classified as agricultural or natural and working lands.(3) The area or areas constitute a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing.(d) (1) Disadvantaged communities means any of the following:(A) Concentrated areas of poverty.(B) Areas of high segregation and poverty and areas of low to moderate access to opportunity, as identified in opportunity area maps developed by the department and the California Tax Credit Allocation Committee.(C) Communities of concern, disadvantaged communities identified pursuant to Section 39711, and low-income communities as defined in subdivision (d) of Section 39713.(D) Areas of high housing cost burdens.(E) Areas with high vulnerability of displacement; areas related to tribal entities.(F) Any other areas experiencing disproportionate impacts of Californias housing and climate crisis.(2) Applicants may propose alternative definitions to disadvantaged communities in consultation with the department. (b)(e) Eligible applicant means any of the following:(1)A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area.(2)(1) A nonprofit or for-profit developer of a qualifying infill project.(2) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area or catalytic qualifying infill area. A metropolitan planning organization may participate as a coapplicant.(3) The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 that is the developer of a qualifying infill project.(A) A tribal entity may apply as a small jurisdiction or large jurisdiction, but may only apply as one or the other for any single qualifying infill project or qualifying infill area.(B) The department may modify or waive requirements of this division consistent with the intent of paragraphs (1) and (2) of subdivision (p) of Section 50406 to allow tribal entities to access funding.(f) Locality means a city, county, or city and county where a county means the unincorporated areas of that county. (c)(g) Small jurisdiction means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county.(d)(h) Large jurisdiction means a county that is not a small jurisdiction, or any city within that county.(e)(i) Urbanized area means an incorporated city or an urbanized area or urban cluster as defined by the United States Census Bureau. For unincorporated areas outside of an urban area or urban cluster, the area must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water. city. For sites in unincorporated areas, the site must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water.(f)(j) Urban uses means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. | |
| 1103 | - | ||
| 1104 | - | 53559.1. For the purposes of this part, the following definitions apply:(a) Adaptive reuse means the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. When referring to building structures, adaptive reuse means retrofitting and repurposing of existing buildings that create new residential rental units, and expressly excludes a project that involves rehabilitation of any construction affecting existing residential units that are, or have been, recently occupied. (a)(b) Capital improvement project means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following:(1) The creation, development, or rehabilitation of parks or open space.(2) Water, sewer, or other utility service improvements.(3) Streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit.(4) Facilities that support pedestrian or bicycle transit.(5) Traffic mitigation.(6)Qualifying infill project or qualifying infill area site preparation or demolition. (7)(6) Sidewalk or streetscape improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities.(7) Adaptive reuse.(8) Site preparation or demolition related to the capital improvement project or planned housing development used in calculating the eligible grant amount.(c) Catalytic qualifying infill area means a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet all of the following requirements:(1) The contiguous area or noncontiguous parcels have been previously developed, or at least 75 percent of the perimeter of each parcel or area adjoins parcels that are developed or have been previously developed with urban uses, provided that, for small jurisdiction applicants, the perimeter requirements in clause (i) of subparagraph (A) of paragraph (4) of subdivision (e) of Section 53559 shall apply. For purposes of this paragraph, perimeters bordering navigable bodies of water and improved parks shall not be included.(2) No parcel within or adjoining the area is classified as agricultural or natural and working lands.(3) The area or areas constitute a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing.(d) (1) Disadvantaged communities means any of the following:(A) Concentrated areas of poverty.(B) Areas of high segregation and poverty and areas of low to moderate access to opportunity, as identified in opportunity area maps developed by the department and the California Tax Credit Allocation Committee.(C) Communities of concern, disadvantaged communities identified pursuant to Section 39711, and low-income communities as defined in subdivision (d) of Section 39713.(D) Areas of high housing cost burdens.(E) Areas with high vulnerability of displacement; areas related to tribal entities.(F) Any other areas experiencing disproportionate impacts of Californias housing and climate crisis.(2) Applicants may propose alternative definitions to disadvantaged communities in consultation with the department. (b)(e) Eligible applicant means any of the following:(1)A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area.(2)(1) A nonprofit or for-profit developer of a qualifying infill project.(2) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area or catalytic qualifying infill area. A metropolitan planning organization may participate as a coapplicant.(3) The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 that is the developer of a qualifying infill project.(A) A tribal entity may apply as a small jurisdiction or large jurisdiction, but may only apply as one or the other for any single qualifying infill project or qualifying infill area.(B) The department may modify or waive requirements of this division consistent with the intent of paragraphs (1) and (2) of subdivision (p) of Section 50406 to allow tribal entities to access funding.(f) Locality means a city, county, or city and county where a county means the unincorporated areas of that county. (c)(g) Small jurisdiction means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county.(d)(h) Large jurisdiction means a county that is not a small jurisdiction, or any city within that county.(e)(i) Urbanized area means an incorporated city or an urbanized area or urban cluster as defined by the United States Census Bureau. For unincorporated areas outside of an urban area or urban cluster, the area must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water. city. For sites in unincorporated areas, the site must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water.(f)(j) Urban uses means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. | |
| 1105 | - | ||
| 1106 | - | 53559.1. For the purposes of this part, the following definitions apply:(a) Adaptive reuse means the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. When referring to building structures, adaptive reuse means retrofitting and repurposing of existing buildings that create new residential rental units, and expressly excludes a project that involves rehabilitation of any construction affecting existing residential units that are, or have been, recently occupied. (a)(b) Capital improvement project means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following:(1) The creation, development, or rehabilitation of parks or open space.(2) Water, sewer, or other utility service improvements.(3) Streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit.(4) Facilities that support pedestrian or bicycle transit.(5) Traffic mitigation.(6)Qualifying infill project or qualifying infill area site preparation or demolition. (7)(6) Sidewalk or streetscape improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities.(7) Adaptive reuse.(8) Site preparation or demolition related to the capital improvement project or planned housing development used in calculating the eligible grant amount.(c) Catalytic qualifying infill area means a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet all of the following requirements:(1) The contiguous area or noncontiguous parcels have been previously developed, or at least 75 percent of the perimeter of each parcel or area adjoins parcels that are developed or have been previously developed with urban uses, provided that, for small jurisdiction applicants, the perimeter requirements in clause (i) of subparagraph (A) of paragraph (4) of subdivision (e) of Section 53559 shall apply. For purposes of this paragraph, perimeters bordering navigable bodies of water and improved parks shall not be included.(2) No parcel within or adjoining the area is classified as agricultural or natural and working lands.(3) The area or areas constitute a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing.(d) (1) Disadvantaged communities means any of the following:(A) Concentrated areas of poverty.(B) Areas of high segregation and poverty and areas of low to moderate access to opportunity, as identified in opportunity area maps developed by the department and the California Tax Credit Allocation Committee.(C) Communities of concern, disadvantaged communities identified pursuant to Section 39711, and low-income communities as defined in subdivision (d) of Section 39713.(D) Areas of high housing cost burdens.(E) Areas with high vulnerability of displacement; areas related to tribal entities.(F) Any other areas experiencing disproportionate impacts of Californias housing and climate crisis.(2) Applicants may propose alternative definitions to disadvantaged communities in consultation with the department. (b)(e) Eligible applicant means any of the following:(1)A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area.(2)(1) A nonprofit or for-profit developer of a qualifying infill project.(2) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area or catalytic qualifying infill area. A metropolitan planning organization may participate as a coapplicant.(3) The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 that is the developer of a qualifying infill project.(A) A tribal entity may apply as a small jurisdiction or large jurisdiction, but may only apply as one or the other for any single qualifying infill project or qualifying infill area.(B) The department may modify or waive requirements of this division consistent with the intent of paragraphs (1) and (2) of subdivision (p) of Section 50406 to allow tribal entities to access funding.(f) Locality means a city, county, or city and county where a county means the unincorporated areas of that county. (c)(g) Small jurisdiction means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county.(d)(h) Large jurisdiction means a county that is not a small jurisdiction, or any city within that county.(e)(i) Urbanized area means an incorporated city or an urbanized area or urban cluster as defined by the United States Census Bureau. For unincorporated areas outside of an urban area or urban cluster, the area must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water. city. For sites in unincorporated areas, the site must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water.(f)(j) Urban uses means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. | |
| 329 | + | (I)Thirty-two million dollars ($32,000,000) to the subaccount for employees in State Bargaining Unit 12. | |
| 1107 | 330 | ||
| 1108 | 331 | ||
| 1109 | 332 | ||
| 1110 | - | 53559.1. For the purposes of this part, the following definitions apply: | |
| 1111 | - | ||
| 1112 | - | (a) Adaptive reuse means the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. When referring to building structures, adaptive reuse means retrofitting and repurposing of existing buildings that create new residential rental units, and expressly excludes a project that involves rehabilitation of any construction affecting existing residential units that are, or have been, recently occupied. | |
| 1113 | - | ||
| 1114 | - | (a) | |
| 333 | + | (J)Three million dollars ($3,000,000) to the subaccount for employees in State Bargaining Unit 13. | |
| 1115 | 334 | ||
| 1116 | 335 | ||
| 1117 | 336 | ||
| 1118 | - | (b) Capital improvement project means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following: | |
| 1119 | - | ||
| 1120 | - | (1) The creation, development, or rehabilitation of parks or open space. | |
| 1121 | - | ||
| 1122 | - | (2) Water, sewer, or other utility service improvements. | |
| 1123 | - | ||
| 1124 | - | (3) Streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit. | |
| 1125 | - | ||
| 1126 | - | (4) Facilities that support pedestrian or bicycle transit. | |
| 1127 | - | ||
| 1128 | - | (5) Traffic mitigation. | |
| 1129 | - | ||
| 1130 | - | (6)Qualifying infill project or qualifying infill area site preparation or demolition. | |
| 337 | + | (K)Six million dollars ($6,000,000) to the subaccount for employees in State Bargaining Unit 16. | |
| 1131 | 338 | ||
| 1132 | 339 | ||
| 1133 | 340 | ||
| 1134 | - | ( | |
| 341 | + | (L)Seventeen million dollars ($17,000,000) to the subaccount for employees in State Bargaining Unit 18. | |
| 1135 | 342 | ||
| 1136 | 343 | ||
| 1137 | 344 | ||
| 1138 | - | (6) Sidewalk or streetscape improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities. | |
| 1139 | - | ||
| 1140 | - | (7) Adaptive reuse. | |
| 1141 | - | ||
| 1142 | - | (8) Site preparation or demolition related to the capital improvement project or planned housing development used in calculating the eligible grant amount. | |
| 1143 | - | ||
| 1144 | - | (c) Catalytic qualifying infill area means a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet all of the following requirements: | |
| 1145 | - | ||
| 1146 | - | (1) The contiguous area or noncontiguous parcels have been previously developed, or at least 75 percent of the perimeter of each parcel or area adjoins parcels that are developed or have been previously developed with urban uses, provided that, for small jurisdiction applicants, the perimeter requirements in clause (i) of subparagraph (A) of paragraph (4) of subdivision (e) of Section 53559 shall apply. For purposes of this paragraph, perimeters bordering navigable bodies of water and improved parks shall not be included. | |
| 1147 | - | ||
| 1148 | - | (2) No parcel within or adjoining the area is classified as agricultural or natural and working lands. | |
| 1149 | - | ||
| 1150 | - | (3) The area or areas constitute a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing. | |
| 1151 | - | ||
| 1152 | - | (d) (1) Disadvantaged communities means any of the following: | |
| 1153 | - | ||
| 1154 | - | (A) Concentrated areas of poverty. | |
| 1155 | - | ||
| 1156 | - | (B) Areas of high segregation and poverty and areas of low to moderate access to opportunity, as identified in opportunity area maps developed by the department and the California Tax Credit Allocation Committee. | |
| 1157 | - | ||
| 1158 | - | (C) Communities of concern, disadvantaged communities identified pursuant to Section 39711, and low-income communities as defined in subdivision (d) of Section 39713. | |
| 1159 | - | ||
| 1160 | - | (D) Areas of high housing cost burdens. | |
| 1161 | - | ||
| 1162 | - | (E) Areas with high vulnerability of displacement; areas related to tribal entities. | |
| 1163 | - | ||
| 1164 | - | (F) Any other areas experiencing disproportionate impacts of Californias housing and climate crisis. | |
| 1165 | - | ||
| 1166 | - | (2) Applicants may propose alternative definitions to disadvantaged communities in consultation with the department. | |
| 1167 | - | ||
| 1168 | - | (b) | |
| 345 | + | (M)Seventeen million dollars ($17,000,000) to the subaccount for employees in State Bargaining Unit 19. | |
| 1169 | 346 | ||
| 1170 | 347 | ||
| 1171 | 348 | ||
| 1172 | - | (e) Eligible applicant means any of the following: | |
| 1173 | - | ||
| 1174 | - | (1)A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area. | |
| 349 | + | (N)Fourteen million dollars ($14,000,000) to the subaccount for employees described in paragraph (1) of subdivision (g) of Section 22944.5 of the Government Code. | |
| 1175 | 350 | ||
| 1176 | 351 | ||
| 1177 | 352 | ||
| 1178 | - | (2) | |
| 353 | + | (b)Beginning July 1, 2021, the appropriation made in paragraph (1) of subdivision (a) shall be applied to the employee contribution required to prefund retiree health care and other postemployment benefits described in paragraph (2) of subdivision (a) that equates to the suspended contribution amount for the 202021 fiscal year. | |
| 1179 | 354 | ||
| 1180 | 355 | ||
| 1181 | 356 | ||
| 1182 | - | (1) A nonprofit or for-profit developer of a qualifying infill project. | |
| 1183 | - | ||
| 1184 | - | (2) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area or catalytic qualifying infill area. A metropolitan planning organization may participate as a coapplicant. | |
| 1185 | - | ||
| 1186 | - | (3) The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 that is the developer of a qualifying infill project. | |
| 1187 | - | ||
| 1188 | - | (A) A tribal entity may apply as a small jurisdiction or large jurisdiction, but may only apply as one or the other for any single qualifying infill project or qualifying infill area. | |
| 1189 | - | ||
| 1190 | - | (B) The department may modify or waive requirements of this division consistent with the intent of paragraphs (1) and (2) of subdivision (p) of Section 50406 to allow tribal entities to access funding. | |
| 1191 | - | ||
| 1192 | - | (f) Locality means a city, county, or city and county where a county means the unincorporated areas of that county. | |
| 1193 | - | ||
| 1194 | - | (c) | |
| 1195 | 357 | ||
| 1196 | 358 | ||
| 1197 | 359 | ||
| 1198 | - | (g) Small jurisdiction means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county. | |
| 1199 | - | ||
| 1200 | - | (d) | |
| 1201 | 360 | ||
| 1202 | 361 | ||
| 1203 | 362 | ||
| 1204 | - | (h) Large jurisdiction means a county that is not a small jurisdiction, or any city within that county. | |
| 1205 | - | ||
| 1206 | - | (e) | |
| 363 | + | The Legislature finds and declares that the garment industry is rife with both egregious wage violations and flagrant health and safety violations, both of which have been allowed to proliferate in the pandemic, leading to the deaths of dozens of garment workers. However, not all workers who experience these violations have access to advocates in order to vindicate their rights, due to the limited capacity of legal aid and community-based organizations. | |
| 1207 | 364 | ||
| 1208 | 365 | ||
| 1209 | 366 | ||
| 1210 | - | (i) Urbanized area means an incorporated city or an urbanized area or urban cluster as defined by the United States Census Bureau. For unincorporated areas outside of an urban area or urban cluster, the area must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water. city. For sites in unincorporated areas, the site must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water. | |
| 1211 | 367 | ||
| 1212 | - | (f) | |
| 368 | + | ||
| 369 | + | (a)Upon appropriation by the Legislature, the Department of Industrial Relations shall establish and maintain a Garment Worker Wage Claim Pilot Program. The Department shall contract to provide resources to qualified organizations. The funds shall be used to increase the capacity and expertise of qualified organizations to improve the education of wage violations to garment workers and the securing of wage claims for garment workers who bring forward a wage claim pursuant to Section 2673.1. The program shall include, but not be limited to, all of the following: | |
| 1213 | 370 | ||
| 1214 | 371 | ||
| 1215 | 372 | ||
| 1216 | - | (j) Urban uses means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. | |
| 1217 | - | ||
| 1218 | - | SEC. 14. Section 10326.3 is added to the Public Contract Code, to read:10326.3. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e) By March 1, 2024, the department shall post on its internet website a report including a description of its use of the best value procurement method authorized by this section. The report shall contain, to the extent feasible, the suppliers commitments to providing jobs that lead to economic growth, equity, prosperity, and environmental improvements. Data related to these commitments may include, but are not limited to, improvements in job quality and access for underrepresented communities, meeting the skills and profitability needs of employers, and meeting the economic, social, and environmental needs of the community.(f) This section shall become inoperative on June 30, 2025, and, as of January 1, 2026, is repealed. | |
| 1219 | - | ||
| 1220 | - | SEC. 14. Section 10326.3 is added to the Public Contract Code, to read: | |
| 1221 | - | ||
| 1222 | - | ### SEC. 14. | |
| 1223 | - | ||
| 1224 | - | 10326.3. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e) By March 1, 2024, the department shall post on its internet website a report including a description of its use of the best value procurement method authorized by this section. The report shall contain, to the extent feasible, the suppliers commitments to providing jobs that lead to economic growth, equity, prosperity, and environmental improvements. Data related to these commitments may include, but are not limited to, improvements in job quality and access for underrepresented communities, meeting the skills and profitability needs of employers, and meeting the economic, social, and environmental needs of the community.(f) This section shall become inoperative on June 30, 2025, and, as of January 1, 2026, is repealed. | |
| 1225 | - | ||
| 1226 | - | 10326.3. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e) By March 1, 2024, the department shall post on its internet website a report including a description of its use of the best value procurement method authorized by this section. The report shall contain, to the extent feasible, the suppliers commitments to providing jobs that lead to economic growth, equity, prosperity, and environmental improvements. Data related to these commitments may include, but are not limited to, improvements in job quality and access for underrepresented communities, meeting the skills and profitability needs of employers, and meeting the economic, social, and environmental needs of the community.(f) This section shall become inoperative on June 30, 2025, and, as of January 1, 2026, is repealed. | |
| 1227 | - | ||
| 1228 | - | 10326.3. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e) By March 1, 2024, the department shall post on its internet website a report including a description of its use of the best value procurement method authorized by this section. The report shall contain, to the extent feasible, the suppliers commitments to providing jobs that lead to economic growth, equity, prosperity, and environmental improvements. Data related to these commitments may include, but are not limited to, improvements in job quality and access for underrepresented communities, meeting the skills and profitability needs of employers, and meeting the economic, social, and environmental needs of the community.(f) This section shall become inoperative on June 30, 2025, and, as of January 1, 2026, is repealed. | |
| 373 | + | (1)Education for garment workers including, but not limited to, minimum wage, overtime, sick leave, recordkeeping, wage adjudication, and retaliation. | |
| 1229 | 374 | ||
| 1230 | 375 | ||
| 1231 | 376 | ||
| 1232 | - | 10326.3. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following: | |
| 1233 | - | ||
| 1234 | - | (1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value. | |
| 1235 | - | ||
| 1236 | - | (2) Product performance, productivity, and safety standards. | |
| 1237 | - | ||
| 1238 | - | (3) The suppliers ability to perform to the contract requirements. | |
| 1239 | - | ||
| 1240 | - | (4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials. | |
| 1241 | - | ||
| 1242 | - | (b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation. | |
| 1243 | - | ||
| 1244 | - | (c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information. | |
| 1245 | - | ||
| 1246 | - | (d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest. | |
| 1247 | - | ||
| 1248 | - | (e) By March 1, 2024, the department shall post on its internet website a report including a description of its use of the best value procurement method authorized by this section. The report shall contain, to the extent feasible, the suppliers commitments to providing jobs that lead to economic growth, equity, prosperity, and environmental improvements. Data related to these commitments may include, but are not limited to, improvements in job quality and access for underrepresented communities, meeting the skills and profitability needs of employers, and meeting the economic, social, and environmental needs of the community. | |
| 1249 | - | ||
| 1250 | - | (f) This section shall become inoperative on June 30, 2025, and, as of January 1, 2026, is repealed. | |
| 1251 | - | ||
| 1252 | - | SEC. 15. Section 1685 of the Vehicle Code is amended to read:1685. (a) In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions, and services related to reporting vehicle sales and producing temporary license plates pursuant to Sections 4456 and 4456.2.(b) (1) The department may enter into contractual agreements with qualified private industry partners. There are the following three types of private industry partnerships authorized under this section:(A) First-line business partner is an industry partner that receives data directly from the department and uses it to complete registration and titling activities for that partners own business purposes.(B) First-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.(C) Second-line business partner is a partner that receives information from a first-line service provider.(2) The private industry partner contractual agreements shall include the following minimum requirements:(A) Filing of an application and payment of an application fee, as established by the department.(B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicants character, honesty, integrity, and reputation as the department may consider necessary.(C) Posting a bond in an amount consistent with Section 1815.(3) The department shall, through regulations, establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.(c) (1) The director may establish, through the adoption of regulations, the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a).(2) On or before September 1, 2022, and each January 1 thereafter, the department shall adjust the amount determined pursuant to paragraph (1) in accordance with the most recent available data on growth in the California Consumer Price Index for All Urban Consumers, except the initial adjustment made on or before September 1, 2022, shall be based on growth in the California Consumer Price Index for All Urban Consumers in the period since the end of the 2021 calendar year. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.(d) The department shall charge a three-dollar ($3) transaction fee for the information and services provided pursuant to subdivision (a). The private industry partner may pass on the transaction fee to the customer, but the total charge to a customer may not exceed the amount established by the director under subdivision (c). The department may establish, through the adoption of regulations, exemptions from the transaction fee for transactions other than an original registration or transfer of ownership.(e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.(f) The department shall adopt regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners from the improper use of vehicle records. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the departments files and databases; and the duration and nature of the contracts with qualified private industry partners.(g) The department shall, annually, by October 1, provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:(1) Listing of all qualified private industry partners, including names and business addresses.(2) Volume of transactions, by type, completed by business partners.(3) Total amount of funds, by transaction type, collected by business partners.(4) Total amount of funds received by the department.(5) Description of any fraudulent activities identified by the department.(6) Evaluation of the benefits of the program.(7) Recommendations for any administrative or statutory changes that may be needed to improve the program.(h) Nothing in this section impairs or limits the authority provided in Section 4610 or Section 12155 of the Insurance Code.(i) (1) In addition to, and in accordance with, the transaction fee described in subdivision (d), the department shall charge private industry partners a one-dollar ($1) transaction fee for the implementation of the private industry partners proportionate share of departmentwide system improvements. All fees collected by the department pursuant to this subdivision shall be deposited in the Motor Vehicle Account.(2) (A) The fee required by this subdivision shall be discontinued when the director determines that sufficient funds have been received to pay for the system improvements as described in paragraph (1), or on December 31, 2023, whichever occurs first. If sufficient funds are received first, the director shall execute a declaration making that determination, which shall be posted on the departments Internet Web site internet website and retained by the director.(B) This subdivision shall become inoperative when the declaration described in subparagraph (A) has been executed and posted, or on December 31, 2023, whichever occurs first. | |
| 1253 | - | ||
| 1254 | - | SEC. 15. Section 1685 of the Vehicle Code is amended to read: | |
| 1255 | - | ||
| 1256 | - | ### SEC. 15. | |
| 1257 | - | ||
| 1258 | - | 1685. (a) In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions, and services related to reporting vehicle sales and producing temporary license plates pursuant to Sections 4456 and 4456.2.(b) (1) The department may enter into contractual agreements with qualified private industry partners. There are the following three types of private industry partnerships authorized under this section:(A) First-line business partner is an industry partner that receives data directly from the department and uses it to complete registration and titling activities for that partners own business purposes.(B) First-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.(C) Second-line business partner is a partner that receives information from a first-line service provider.(2) The private industry partner contractual agreements shall include the following minimum requirements:(A) Filing of an application and payment of an application fee, as established by the department.(B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicants character, honesty, integrity, and reputation as the department may consider necessary.(C) Posting a bond in an amount consistent with Section 1815.(3) The department shall, through regulations, establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.(c) (1) The director may establish, through the adoption of regulations, the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a).(2) On or before September 1, 2022, and each January 1 thereafter, the department shall adjust the amount determined pursuant to paragraph (1) in accordance with the most recent available data on growth in the California Consumer Price Index for All Urban Consumers, except the initial adjustment made on or before September 1, 2022, shall be based on growth in the California Consumer Price Index for All Urban Consumers in the period since the end of the 2021 calendar year. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.(d) The department shall charge a three-dollar ($3) transaction fee for the information and services provided pursuant to subdivision (a). The private industry partner may pass on the transaction fee to the customer, but the total charge to a customer may not exceed the amount established by the director under subdivision (c). The department may establish, through the adoption of regulations, exemptions from the transaction fee for transactions other than an original registration or transfer of ownership.(e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.(f) The department shall adopt regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners from the improper use of vehicle records. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the departments files and databases; and the duration and nature of the contracts with qualified private industry partners.(g) The department shall, annually, by October 1, provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:(1) Listing of all qualified private industry partners, including names and business addresses.(2) Volume of transactions, by type, completed by business partners.(3) Total amount of funds, by transaction type, collected by business partners.(4) Total amount of funds received by the department.(5) Description of any fraudulent activities identified by the department.(6) Evaluation of the benefits of the program.(7) Recommendations for any administrative or statutory changes that may be needed to improve the program.(h) Nothing in this section impairs or limits the authority provided in Section 4610 or Section 12155 of the Insurance Code.(i) (1) In addition to, and in accordance with, the transaction fee described in subdivision (d), the department shall charge private industry partners a one-dollar ($1) transaction fee for the implementation of the private industry partners proportionate share of departmentwide system improvements. All fees collected by the department pursuant to this subdivision shall be deposited in the Motor Vehicle Account.(2) (A) The fee required by this subdivision shall be discontinued when the director determines that sufficient funds have been received to pay for the system improvements as described in paragraph (1), or on December 31, 2023, whichever occurs first. If sufficient funds are received first, the director shall execute a declaration making that determination, which shall be posted on the departments Internet Web site internet website and retained by the director.(B) This subdivision shall become inoperative when the declaration described in subparagraph (A) has been executed and posted, or on December 31, 2023, whichever occurs first. | |
| 1259 | - | ||
| 1260 | - | 1685. (a) In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions, and services related to reporting vehicle sales and producing temporary license plates pursuant to Sections 4456 and 4456.2.(b) (1) The department may enter into contractual agreements with qualified private industry partners. There are the following three types of private industry partnerships authorized under this section:(A) First-line business partner is an industry partner that receives data directly from the department and uses it to complete registration and titling activities for that partners own business purposes.(B) First-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.(C) Second-line business partner is a partner that receives information from a first-line service provider.(2) The private industry partner contractual agreements shall include the following minimum requirements:(A) Filing of an application and payment of an application fee, as established by the department.(B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicants character, honesty, integrity, and reputation as the department may consider necessary.(C) Posting a bond in an amount consistent with Section 1815.(3) The department shall, through regulations, establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.(c) (1) The director may establish, through the adoption of regulations, the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a).(2) On or before September 1, 2022, and each January 1 thereafter, the department shall adjust the amount determined pursuant to paragraph (1) in accordance with the most recent available data on growth in the California Consumer Price Index for All Urban Consumers, except the initial adjustment made on or before September 1, 2022, shall be based on growth in the California Consumer Price Index for All Urban Consumers in the period since the end of the 2021 calendar year. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.(d) The department shall charge a three-dollar ($3) transaction fee for the information and services provided pursuant to subdivision (a). The private industry partner may pass on the transaction fee to the customer, but the total charge to a customer may not exceed the amount established by the director under subdivision (c). The department may establish, through the adoption of regulations, exemptions from the transaction fee for transactions other than an original registration or transfer of ownership.(e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.(f) The department shall adopt regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners from the improper use of vehicle records. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the departments files and databases; and the duration and nature of the contracts with qualified private industry partners.(g) The department shall, annually, by October 1, provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:(1) Listing of all qualified private industry partners, including names and business addresses.(2) Volume of transactions, by type, completed by business partners.(3) Total amount of funds, by transaction type, collected by business partners.(4) Total amount of funds received by the department.(5) Description of any fraudulent activities identified by the department.(6) Evaluation of the benefits of the program.(7) Recommendations for any administrative or statutory changes that may be needed to improve the program.(h) Nothing in this section impairs or limits the authority provided in Section 4610 or Section 12155 of the Insurance Code.(i) (1) In addition to, and in accordance with, the transaction fee described in subdivision (d), the department shall charge private industry partners a one-dollar ($1) transaction fee for the implementation of the private industry partners proportionate share of departmentwide system improvements. All fees collected by the department pursuant to this subdivision shall be deposited in the Motor Vehicle Account.(2) (A) The fee required by this subdivision shall be discontinued when the director determines that sufficient funds have been received to pay for the system improvements as described in paragraph (1), or on December 31, 2023, whichever occurs first. If sufficient funds are received first, the director shall execute a declaration making that determination, which shall be posted on the departments Internet Web site internet website and retained by the director.(B) This subdivision shall become inoperative when the declaration described in subparagraph (A) has been executed and posted, or on December 31, 2023, whichever occurs first. | |
| 1261 | - | ||
| 1262 | - | 1685. (a) In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions, and services related to reporting vehicle sales and producing temporary license plates pursuant to Sections 4456 and 4456.2.(b) (1) The department may enter into contractual agreements with qualified private industry partners. There are the following three types of private industry partnerships authorized under this section:(A) First-line business partner is an industry partner that receives data directly from the department and uses it to complete registration and titling activities for that partners own business purposes.(B) First-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner.(C) Second-line business partner is a partner that receives information from a first-line service provider.(2) The private industry partner contractual agreements shall include the following minimum requirements:(A) Filing of an application and payment of an application fee, as established by the department.(B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicants character, honesty, integrity, and reputation as the department may consider necessary.(C) Posting a bond in an amount consistent with Section 1815.(3) The department shall, through regulations, establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section.(c) (1) The director may establish, through the adoption of regulations, the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a).(2) On or before September 1, 2022, and each January 1 thereafter, the department shall adjust the amount determined pursuant to paragraph (1) in accordance with the most recent available data on growth in the California Consumer Price Index for All Urban Consumers, except the initial adjustment made on or before September 1, 2022, shall be based on growth in the California Consumer Price Index for All Urban Consumers in the period since the end of the 2021 calendar year. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.(d) The department shall charge a three-dollar ($3) transaction fee for the information and services provided pursuant to subdivision (a). The private industry partner may pass on the transaction fee to the customer, but the total charge to a customer may not exceed the amount established by the director under subdivision (c). The department may establish, through the adoption of regulations, exemptions from the transaction fee for transactions other than an original registration or transfer of ownership.(e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar.(f) The department shall adopt regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners from the improper use of vehicle records. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the departments files and databases; and the duration and nature of the contracts with qualified private industry partners.(g) The department shall, annually, by October 1, provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date:(1) Listing of all qualified private industry partners, including names and business addresses.(2) Volume of transactions, by type, completed by business partners.(3) Total amount of funds, by transaction type, collected by business partners.(4) Total amount of funds received by the department.(5) Description of any fraudulent activities identified by the department.(6) Evaluation of the benefits of the program.(7) Recommendations for any administrative or statutory changes that may be needed to improve the program.(h) Nothing in this section impairs or limits the authority provided in Section 4610 or Section 12155 of the Insurance Code.(i) (1) In addition to, and in accordance with, the transaction fee described in subdivision (d), the department shall charge private industry partners a one-dollar ($1) transaction fee for the implementation of the private industry partners proportionate share of departmentwide system improvements. All fees collected by the department pursuant to this subdivision shall be deposited in the Motor Vehicle Account.(2) (A) The fee required by this subdivision shall be discontinued when the director determines that sufficient funds have been received to pay for the system improvements as described in paragraph (1), or on December 31, 2023, whichever occurs first. If sufficient funds are received first, the director shall execute a declaration making that determination, which shall be posted on the departments Internet Web site internet website and retained by the director.(B) This subdivision shall become inoperative when the declaration described in subparagraph (A) has been executed and posted, or on December 31, 2023, whichever occurs first. | |
| 377 | + | (2)Direct assistance by a worker advocate to assist workers who seek to file a wage claim. | |
| 1263 | 378 | ||
| 1264 | 379 | ||
| 1265 | 380 | ||
| 1266 | - | 1685. (a) In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions, and services related to reporting vehicle sales and producing temporary license plates pursuant to Sections 4456 and 4456.2. | |
| 1267 | - | ||
| 1268 | - | (b) (1) The department may enter into contractual agreements with qualified private industry partners. There are the following three types of private industry partnerships authorized under this section: | |
| 1269 | - | ||
| 1270 | - | (A) First-line business partner is an industry partner that receives data directly from the department and uses it to complete registration and titling activities for that partners own business purposes. | |
| 1271 | - | ||
| 1272 | - | (B) First-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner. | |
| 1273 | - | ||
| 1274 | - | (C) Second-line business partner is a partner that receives information from a first-line service provider. | |
| 1275 | - | ||
| 1276 | - | (2) The private industry partner contractual agreements shall include the following minimum requirements: | |
| 1277 | - | ||
| 1278 | - | (A) Filing of an application and payment of an application fee, as established by the department. | |
| 1279 | - | ||
| 1280 | - | (B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicants character, honesty, integrity, and reputation as the department may consider necessary. | |
| 1281 | - | ||
| 1282 | - | (C) Posting a bond in an amount consistent with Section 1815. | |
| 1283 | - | ||
| 1284 | - | (3) The department shall, through regulations, establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section. | |
| 1285 | - | ||
| 1286 | - | (c) (1) The director may establish, through the adoption of regulations, the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a). | |
| 1287 | - | ||
| 1288 | - | (2) On or before September 1, 2022, and each January 1 thereafter, the department shall adjust the amount determined pursuant to paragraph (1) in accordance with the most recent available data on growth in the California Consumer Price Index for All Urban Consumers, except the initial adjustment made on or before September 1, 2022, shall be based on growth in the California Consumer Price Index for All Urban Consumers in the period since the end of the 2021 calendar year. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar. | |
| 1289 | - | ||
| 1290 | - | (d) The department shall charge a three-dollar ($3) transaction fee for the information and services provided pursuant to subdivision (a). The private industry partner may pass on the transaction fee to the customer, but the total charge to a customer may not exceed the amount established by the director under subdivision (c). The department may establish, through the adoption of regulations, exemptions from the transaction fee for transactions other than an original registration or transfer of ownership. | |
| 1291 | - | ||
| 1292 | - | (e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar. | |
| 1293 | - | ||
| 1294 | - | (f) The department shall adopt regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners from the improper use of vehicle records. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the departments files and databases; and the duration and nature of the contracts with qualified private industry partners. | |
| 1295 | - | ||
| 1296 | - | (g) The department shall, annually, by October 1, provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date: | |
| 1297 | - | ||
| 1298 | - | (1) Listing of all qualified private industry partners, including names and business addresses. | |
| 1299 | - | ||
| 1300 | - | (2) Volume of transactions, by type, completed by business partners. | |
| 1301 | - | ||
| 1302 | - | (3) Total amount of funds, by transaction type, collected by business partners. | |
| 1303 | - | ||
| 1304 | - | (4) Total amount of funds received by the department. | |
| 1305 | - | ||
| 1306 | - | (5) Description of any fraudulent activities identified by the department. | |
| 1307 | - | ||
| 1308 | - | (6) Evaluation of the benefits of the program. | |
| 1309 | - | ||
| 1310 | - | (7) Recommendations for any administrative or statutory changes that may be needed to improve the program. | |
| 1311 | - | ||
| 1312 | - | (h) Nothing in this section impairs or limits the authority provided in Section 4610 or Section 12155 of the Insurance Code. | |
| 1313 | - | ||
| 1314 | - | (i) (1) In addition to, and in accordance with, the transaction fee described in subdivision (d), the department shall charge private industry partners a one-dollar ($1) transaction fee for the implementation of the private industry partners proportionate share of departmentwide system improvements. All fees collected by the department pursuant to this subdivision shall be deposited in the Motor Vehicle Account. | |
| 1315 | - | ||
| 1316 | - | (2) (A) The fee required by this subdivision shall be discontinued when the director determines that sufficient funds have been received to pay for the system improvements as described in paragraph (1), or on December 31, 2023, whichever occurs first. If sufficient funds are received first, the director shall execute a declaration making that determination, which shall be posted on the departments Internet Web site internet website and retained by the director. | |
| 1317 | - | ||
| 1318 | - | (B) This subdivision shall become inoperative when the declaration described in subparagraph (A) has been executed and posted, or on December 31, 2023, whichever occurs first. | |
| 1319 | - | ||
| 1320 | - | SEC. 16. The Legislature finds and declares that Section 1 of this act, which adds Section 6254.36 to the Government Code, and Section 2 of this act, which adds Section 7929.011 to the Government Code, impose 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 bill balances the interests of the California Infrastructure and Economic Development Bank in keeping certain business enterprise information confidential with the interest of the public in accessing information concerning the conduct of the peoples business. | |
| 1321 | - | ||
| 1322 | - | SEC. 16. The Legislature finds and declares that Section 1 of this act, which adds Section 6254.36 to the Government Code, and Section 2 of this act, which adds Section 7929.011 to the Government Code, impose 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 bill balances the interests of the California Infrastructure and Economic Development Bank in keeping certain business enterprise information confidential with the interest of the public in accessing information concerning the conduct of the peoples business. | |
| 1323 | - | ||
| 1324 | - | SEC. 16. The Legislature finds and declares that Section 1 of this act, which adds Section 6254.36 to the Government Code, and Section 2 of this act, which adds Section 7929.011 to the Government Code, impose 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: | |
| 1325 | - | ||
| 1326 | - | ### SEC. 16. | |
| 1327 | - | ||
| 1328 | - | This bill balances the interests of the California Infrastructure and Economic Development Bank in keeping certain business enterprise information confidential with the interest of the public in accessing information concerning the conduct of the peoples business. | |
| 1329 | - | ||
| 1330 | - | SEC. 17. 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. | |
| 1331 | - | ||
| 1332 | - | SEC. 17. 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. | |
| 1333 | - | ||
| 1334 | - | SEC. 17. 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. | |
| 1335 | - | ||
| 1336 | - | ### SEC. 17. | |
| 381 | + | (3)Legal assistance to garment workers who seek to file a wage claim. | |
| 1337 | 382 | ||
| 1338 | 383 | ||
| 1339 | 384 | ||
| 1340 | - | It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2022. | |
| 385 | + | (b)All education and services provided in this section shall be at free and accessible to any garment worker in the State of California. | |
| 386 | + | ||
| 387 | + | ||
| 388 | + | ||
| 389 | + | (c)For the purposes of this chapter, qualified organization means a legal aid or community-based nonprofit organization that has a minimum of five years experience working with garment workers, advocating on behalf of garment workers, and a successful record of winning wage claims on behalf of garment workers that have been filed with the Division of Labor Standards Enforcement. | |
| 390 | + | ||
| 391 | + | ||
| 392 | + | ||
| 393 | + | ||
| 394 | + | ||
| 395 | + | ||
| 396 | + | ||
| 397 | + | (a)For purposes of this section, the following definitions shall apply: | |
| 398 | + | ||
| 399 | + | ||
| 400 | + | ||
| 401 | + | (1)Additional languages means the top 8 to 15 non-English and nonprimary languages used by limited English proficient adults in California according to the most recent American Community Survey by the United States Census Bureau. | |
| 402 | + | ||
| 403 | + | ||
| 404 | + | ||
| 405 | + | (A)Whether referring to written or spoken languages, the eight additional languages in 2021 are Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer (Cambodian), and Thai. | |
| 406 | + | ||
| 407 | + | ||
| 408 | + | ||
| 409 | + | (B)The department shall thereafter review, evaluate, and update the list of additional languages at least every three years. In determining how many languages to include in the definition of additional languages, the department may consider various data sources, including, but not limited to, the United States Census Bureau, including the American Community Survey, other state and local government agencies, feedback from community-based organizations, and the departments own data tracking measures. | |
| 410 | + | ||
| 411 | + | ||
| 412 | + | ||
| 413 | + | (2)Limited English proficient means individuals who do not speak English as their primary language and who have a limited ability to read, write, understand, or speak English. | |
| 414 | + | ||
| 415 | + | ||
| 416 | + | ||
| 417 | + | (3)Linguistic variant means a distinct form of a language used by people from a specific country or region. | |
| 418 | + | ||
| 419 | + | ||
| 420 | + | ||
| 421 | + | (4)Multilingual access portal means the section of the departments website that synthesizes critical website content and features all translated vital unemployment insurance documents. | |
| 422 | + | ||
| 423 | + | ||
| 424 | + | ||
| 425 | + | (5)Primary languages means the top seven non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau. | |
| 426 | + | ||
| 427 | + | ||
| 428 | + | ||
| 429 | + | (A)When referring to written languages, the top seven languages are Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian. | |
| 430 | + | ||
| 431 | + | ||
| 432 | + | ||
| 433 | + | (B)When referring to spoken languages, the top seven languages are Spanish, Cantonese, Mandarin, Vietnamese, Tagalog, Korean, and Armenian. | |
| 434 | + | ||
| 435 | + | ||
| 436 | + | ||
| 437 | + | (6)Vital information means information, whether written, oral, or electronic, that is necessary for an individual to understand how to obtain any aid, benefit, service, or training or is required by law. | |
| 438 | + | ||
| 439 | + | ||
| 440 | + | ||
| 441 | + | (b)There shall be maintained within an appropriate division of the department, a bureau, section, or unit relating to education and public instruction for the purpose of informing employers and workers of their rights and responsibilities under this code, and of instructing the public generally concerning its basic purposes, provisions, and operations. All standard information employee pamphlets concerning unemployment and disability insurance programs shall be printed in English and the primary languages. | |
| 442 | + | ||
| 443 | + | ||
| 444 | + | ||
| 445 | + | (c)Commencing no later than June 1, 2022, each application for unemployment insurance shall contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individuals claims record. | |
| 446 | + | ||
| 447 | + | ||
| 448 | + | ||
| 449 | + | (d)Commencing no later than January 1, 2022, the department shall provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff. | |
| 450 | + | ||
| 451 | + | ||
| 452 | + | ||
| 453 | + | (1)If the department staff cannot obtain interpretation in the individuals language and linguistic variant in real time after good faith efforts to acquire language services, the department shall provide the individual with a return telephone or relay call in the individuals language within a reasonable timeframe. | |
| 454 | + | ||
| 455 | + | ||
| 456 | + | ||
| 457 | + | (2)Upon the individuals request, a qualified interpreter shall read the departments documents and notices aloud in the individuals preferred language within a reasonable timeframe. | |
| 458 | + | ||
| 459 | + | ||
| 460 | + | ||
| 461 | + | (e)(1)Commencing no later than December 1, 2022, the department shall do all of the following: | |
| 462 | + | ||
| 463 | + | ||
| 464 | + | ||
| 465 | + | (A)Provide dedicated phone lines for unemployment insurance claims in the primary languages in an effort to provide consistent wait times across all phone lines and collect and review data on phone usage by limited English proficient individuals. | |
| 466 | + | ||
| 467 | + | ||
| 468 | + | ||
| 469 | + | (B)Translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages. | |
| 470 | + | ||
| 471 | + | ||
| 472 | + | ||
| 473 | + | (C)If the individuals language is not among the primary or additional languages, then upon the individuals request, provide the individual with translation or oral or signed interpretation of documents in their preferred language. | |
| 474 | + | ||
| 475 | + | ||
| 476 | + | ||
| 477 | + | (2)All vital documents described in this subdivision shall be available on the department website. | |
| 478 | + | ||
| 479 | + | ||
| 480 | + | ||
| 481 | + | (f)The department shall translate the UI Online interface in the primary languages. The department shall make the translated UI Online interface available upon completion of the translation of each primary language, ending no later than April 1, 2024. | |
| 482 | + | ||
| 483 | + | ||
| 484 | + | ||
| 485 | + | (g)The department shall establish and host a primary language multilingual access portal for unemployment insurance. The department shall make the content available upon completion of the translation of each primary language, ending no later than February 1, 2024. | |
| 486 | + | ||
| 487 | + | ||
| 488 | + | ||
| 489 | + | (h)Before the completion of the multilingual access portal described in subdivision (g), the department shall display both of the following on its internet website organized and translated by language: | |
| 490 | + | ||
| 491 | + | ||
| 492 | + | ||
| 493 | + | (1)Available translated notices and other vital documents. | |
| 494 | + | ||
| 495 | + | ||
| 496 | + | ||
| 497 | + | (2)The appropriate department phone number or phone numbers for individuals to contact when seeking multilingual unemployment insurance services in their preferred written or spoken language. | |
| 498 | + | ||
| 499 | + | ||
| 500 | + | ||
| 501 | + | (i)Commencing no later than March 1, 2022, the department shall do all of the following: | |
| 502 | + | ||
| 503 | + | ||
| 504 | + | ||
| 505 | + | (1)Engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, including, but not limited to, all of the following activities: | |
| 506 | + | ||
| 507 | + | ||
| 508 | + | ||
| 509 | + | (A)Conduct targeted outreach to limited English proficient communities to solicit advice on policies and practices affecting individuals who are eligible for the departments services and benefits. | |
| 510 | + | ||
| 511 | + | ||
| 512 | + | ||
| 513 | + | (B)Market and promote its programs and services in the primary languages to the general public and limited English proficient communities. | |
| 514 | + | ||
| 515 | + | ||
| 516 | + | ||
| 517 | + | (C)Establish a grant program lasting at least two years to provide funding for community-based organizations to provide outreach and education to limited English proficient communities. | |
| 518 | + | ||
| 519 | + | ||
| 520 | + | ||
| 521 | + | (2)Employ a multilingual access coordinator and multilingual access unit to coordinate the departments multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services. | |
| 522 | + | ||
| 523 | + | ||
| 524 | + | ||
| 525 | + | (j)The department shall engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services. The department shall annually report this data to the legislative budget committees. | |
| 526 | + | ||
| 527 | + | ||
| 528 | + | ||
| 529 | + | (k)The provision of unemployment insurance language services shall not cause an undue delay in receipt of services or benefits. If the departments provision of language services unduly delays an individuals receipt of services or benefits, the individuals time to meet the departments deadlines shall be extended for the period of time necessary to receive the language services. | |
| 530 | + | ||
| 531 | + | ||
| 532 | + | ||
| 533 | + | (l)No later than July 1, 2022, the department shall report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs. | |
| 534 | + | ||
| 535 | + | ||
| 536 | + | ||
| 537 | + | (m)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. | |
| 538 | + | ||
| 539 | + | ||
| 540 | + | ||
| 541 | + | ||
| 542 | + | ||
| 543 | + | ||
| 544 | + | ||
| 545 | + | (a)(1)The department shall provide a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee. | |
| 546 | + | ||
| 547 | + | ||
| 548 | + | ||
| 549 | + | (2)The department shall provide a report with an update on its progress on performing the assessment that the plan identified pursuant to paragraph (1) by July 1, 2022, to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee. | |
| 550 | + | ||
| 551 | + | ||
| 552 | + | ||
| 553 | + | (b)On or before January 1, 2023, and annually thereafter, the department shall analyze and assess the effectiveness of its fraud prevention and detection tools and shall submit this analysis and assessment to the Senate Committee on Labor, Public Employment and Retirement, the Assembly Committee on Insurance, the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Joint Legislative Audit Committee. Details on fraud methods and tools may be generalized, excluded, or redacted to protect the fraud deterrence practices of the department. | |
| 554 | + | ||
| 555 | + | ||
| 556 | + | ||
| 557 | + | (c)The plan, assessments, and reports required by this section shall be provided consistent with the requirements of Section 9795 of the Government Code. | |
| 558 | + | ||
| 559 | + | ||
| 560 | + | ||
| 561 | + | ||
| 562 | + | ||
| 563 | + | ||
| 564 | + | ||
| 565 | + | (a)For the purpose of payment by each school employer of all or part of the charges for unemployment compensation benefits, fees, assessments, interest, penalties, billings, notices, and other expenses of unemployment insurance for school employees pursuant to this part, moneys budgeted pursuant to subdivisions (b) and (c) shall be remitted by the school employer or on the school employers behalf by the county auditor to the Treasurer pursuant to this article, and shall be deposited in the School Employees Fund. | |
| 566 | + | ||
| 567 | + | ||
| 568 | + | ||
| 569 | + | (b)(1)For each fiscal year, except as provided in subdivision (c), each school employer shall budget and remit on or before the last day of the calendar month following the close of each calendar quarter to the Treasurer for deposit in the School Employees Fund in the State Treasury an amount determined by multiplying the contribution rate for the fiscal year by the total wages, including taxable wages as well as wages which would be taxable except for the limitation on taxable wages provided under Section 930, but excluding, to the extent permitted by federal law, wages paid to any individual to the extent that federal law provides for reimbursement to the State of California for all benefits paid from the Unemployment Fund to the individual based on the wages. | |
| 570 | + | ||
| 571 | + | ||
| 572 | + | ||
| 573 | + | The administrator shall, not later than March 31 each year, notify all school employers participating in the School Employees Fund of the contribution rate for the succeeding fiscal year. | |
| 574 | + | ||
| 575 | + | ||
| 576 | + | ||
| 577 | + | (2)The contribution rate for the fiscal year beginning July 1, 1988, and for each subsequent fiscal year shall be two times the amount disbursed for claims management fees, unemployment insurance benefit charges, and School Employees Fund administrative expenditures from the School Employees Fund during the 12-month period ending December 31 and immediately preceding the fiscal year for which the rate is to be effective, less the amount in the School Employees Fund on that December 31, with the resulting figure divided by total wages as described in paragraph (1) for the 12-month period ending June 30 and immediately preceding that December 31, and then rounded to the nearest one-hundredth of 1 percent. In no event shall the contribution rate be less than five one-hundredths of 1 percent. | |
| 578 | + | ||
| 579 | + | ||
| 580 | + | ||
| 581 | + | (3)Notwithstanding paragraph (2), the contribution rate for the fiscal year beginning July 1, 2021, and for the subsequent fiscal year beginning July 1, 2022, shall be five-tenths of 1 percent. | |
| 582 | + | ||
| 583 | + | ||
| 584 | + | ||
| 585 | + | (c)If the administrator finds that the ability of the School Employees Fund to meet its estimated obligations promptly when due will become endangered, the administrator shall increase the contribution rate otherwise provided by this section to a level estimated to be needed to protect the solvency of the fund, except that the rate shall not be increased to more than three-tenths of 1 percent. If the administrator finds that the School Employees Fund balance is in excess of an adequate reserve to meet its estimated obligations promptly when due, the administrator shall, after consultation with the funds School Advisory Committee, decrease the contribution rate otherwise provided by this section, except that the rate shall not be decreased to less than one-tenth of 1 percent. The administrator shall notify all school employers participating in the fund of any increased or decreased contribution rate under this authority. | |
| 586 | + | ||
| 587 | + | ||
| 588 | + | ||
| 589 | + | (d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed. | |
| 590 | + | ||
| 591 | + | ||
| 592 | + | ||
| 593 | + | ||
| 594 | + | ||
| 595 | + | ||
| 596 | + | ||
| 597 | + | (a)For the purpose of payment by each school employer of all or part of the charges for unemployment compensation benefits, fees, assessments, interest, penalties, billings, notices, and other expenses of unemployment insurance for school employees pursuant to this part, moneys budgeted pursuant to subdivisions (b) and (c) shall be remitted by the school employer or on the school employers behalf by the county auditor to the Treasurer pursuant to this article, and shall be deposited in the School Employees Fund. | |
| 598 | + | ||
| 599 | + | ||
| 600 | + | ||
| 601 | + | (b)(1) For each fiscal year, except as provided in subdivision (c), each school employer shall budget and remit on or before the last day of the calendar month following the close of each calendar quarter to the Treasurer for deposit in the School Employees Fund in the State Treasury an amount determined by multiplying the contribution rate for the fiscal year by the total wages, including taxable wages as well as wages which would be taxable except for the limitation on taxable wages provided under Section 930, but excluding, to the extent permitted by federal law, wages paid to any individual to the extent that federal law provides for reimbursement to the State of California for all benefits paid from the Unemployment Fund to the individual based on the wages. | |
| 602 | + | ||
| 603 | + | ||
| 604 | + | ||
| 605 | + | The administrator shall, not later than March 31 each year, notify all school employers participating in the School Employees Fund of the contribution rate for the succeeding fiscal year. | |
| 606 | + | ||
| 607 | + | ||
| 608 | + | ||
| 609 | + | (2)The contribution rate for the fiscal year beginning July 1, 1988, and for each subsequent fiscal year shall be two times the amount disbursed for claims management fees, unemployment insurance benefit charges, and School Employees Fund administrative expenditures from the School Employees Fund during the 12-month period ending December 31 and immediately preceding the fiscal year for which the rate is to be effective, less the amount in the School Employees Fund on that December 31, with the resulting figure divided by total wages as described in paragraph (1) for the 12-month period ending June 30 and immediately preceding that December 31, and then rounded to the nearest one-hundredth of 1 percent. In no event shall the contribution rate be less than five one-hundredths of 1 percent. | |
| 610 | + | ||
| 611 | + | ||
| 612 | + | ||
| 613 | + | (c)If the administrator finds that the ability of the School Employees Fund to meet its estimated obligations promptly when due will become endangered, the administrator shall increase the contribution rate otherwise provided by this section to a level estimated to be needed to protect the solvency of the fund, except that the rate shall not be increased to more than three-tenths of 1 percent. If the administrator finds that the School Employees Fund balance is in excess of an adequate reserve to meet its estimated obligations promptly when due, the administrator shall, after consultation with the funds School Advisory Committee, decrease the contribution rate otherwise provided by this section, except that the rate shall not be decreased to less than one-tenth of 1 percent. The administrator shall notify all school employers participating in the fund of any increased or decreased contribution rate under this authority. | |
| 614 | + | ||
| 615 | + | ||
| 616 | + | ||
| 617 | + | (d)This section shall become operative on January 1, 2024. | |
| 618 | + | ||
| 619 | + | ||
| 620 | + | ||
| 621 | + | ||
| 622 | + | ||
| 623 | + | ||
| 624 | + | ||
| 625 | + | 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: | |
| 626 | + | ||
| 627 | + | ||
| 628 | + | ||
| 629 | + | (a)To enable the director or the directors representative to carry out their responsibilities under this code. | |
| 630 | + | ||
| 631 | + | ||
| 632 | + | ||
| 633 | + | (b)To properly present a claim for benefits. | |
| 634 | + | ||
| 635 | + | ||
| 636 | + | ||
| 637 | + | (c)To acquaint a worker or their authorized agent with the workers existing or prospective right to benefits. | |
| 638 | + | ||
| 639 | + | ||
| 640 | + | ||
| 641 | + | (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). | |
| 642 | + | ||
| 643 | + | ||
| 644 | + | ||
| 645 | + | (e)To enable an employer to receive a reduction in contribution rate. | |
| 646 | + | ||
| 647 | + | ||
| 648 | + | ||
| 649 | + | (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. | |
| 650 | + | ||
| 651 | + | ||
| 652 | + | ||
| 653 | + | (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. | |
| 654 | + | ||
| 655 | + | ||
| 656 | + | ||
| 657 | + | (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. | |
| 658 | + | ||
| 659 | + | ||
| 660 | + | ||
| 661 | + | (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. | |
| 662 | + | ||
| 663 | + | ||
| 664 | + | ||
| 665 | + | (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. | |
| 666 | + | ||
| 667 | + | ||
| 668 | + | ||
| 669 | + | (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. | |
| 670 | + | ||
| 671 | + | ||
| 672 | + | ||
| 673 | + | (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. | |
| 674 | + | ||
| 675 | + | ||
| 676 | + | ||
| 677 | + | (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. | |
| 678 | + | ||
| 679 | + | ||
| 680 | + | ||
| 681 | + | (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. | |
| 682 | + | ||
| 683 | + | ||
| 684 | + | ||
| 685 | + | (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. | |
| 686 | + | ||
| 687 | + | ||
| 688 | + | ||
| 689 | + | (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.). | |
| 690 | + | ||
| 691 | + | ||
| 692 | + | ||
| 693 | + | (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. | |
| 694 | + | ||
| 695 | + | ||
| 696 | + | ||
| 697 | + | (n)To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been: | |
| 698 | + | ||
| 699 | + | ||
| 700 | + | ||
| 701 | + | (1)Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law. | |
| 702 | + | ||
| 703 | + | ||
| 704 | + | ||
| 705 | + | (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. | |
| 706 | + | ||
| 707 | + | ||
| 708 | + | ||
| 709 | + | (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. | |
| 710 | + | ||
| 711 | + | ||
| 712 | + | ||
| 713 | + | (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. | |
| 714 | + | ||
| 715 | + | ||
| 716 | + | ||
| 717 | + | (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. | |
| 718 | + | ||
| 719 | + | ||
| 720 | + | ||
| 721 | + | (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. | |
| 722 | + | ||
| 723 | + | ||
| 724 | + | ||
| 725 | + | (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. | |
| 726 | + | ||
| 727 | + | ||
| 728 | + | ||
| 729 | + | (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. | |
| 730 | + | ||
| 731 | + | ||
| 732 | + | ||
| 733 | + | (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. | |
| 734 | + | ||
| 735 | + | ||
| 736 | + | ||
| 737 | + | (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: | |
| 738 | + | ||
| 739 | + | ||
| 740 | + | ||
| 741 | + | (1)The total amount of the assessment. | |
| 742 | + | ||
| 743 | + | ||
| 744 | + | ||
| 745 | + | (2)The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment. | |
| 746 | + | ||
| 747 | + | ||
| 748 | + | ||
| 749 | + | (3)The facts that resulted in the charging of the penalty under Section 1128 or 1128.1. | |
| 750 | + | ||
| 751 | + | ||
| 752 | + | ||
| 753 | + | (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. | |
| 754 | + | ||
| 755 | + | ||
| 756 | + | ||
| 757 | + | (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. | |
| 758 | + | ||
| 759 | + | ||
| 760 | + | ||
| 761 | + | (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. | |
| 762 | + | ||
| 763 | + | ||
| 764 | + | ||
| 765 | + | (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. | |
| 766 | + | ||
| 767 | + | ||
| 768 | + | ||
| 769 | + | (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. | |
| 770 | + | ||
| 771 | + | ||
| 772 | + | ||
| 773 | + | (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. | |
| 774 | + | ||
| 775 | + | ||
| 776 | + | ||
| 777 | + | (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. | |
| 778 | + | ||
| 779 | + | ||
| 780 | + | ||
| 781 | + | (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: | |
| 782 | + | ||
| 783 | + | ||
| 784 | + | ||
| 785 | + | (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. | |
| 786 | + | ||
| 787 | + | ||
| 788 | + | ||
| 789 | + | (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. | |
| 790 | + | ||
| 791 | + | ||
| 792 | + | ||
| 793 | + | (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. | |
| 794 | + | ||
| 795 | + | ||
| 796 | + | ||
| 797 | + | (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. | |
| 798 | + | ||
| 799 | + | ||
| 800 | + | ||
| 801 | + | (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. | |
| 802 | + | ||
| 803 | + | ||
| 804 | + | ||
| 805 | + | (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. | |
| 806 | + | ||
| 807 | + | ||
| 808 | + | ||
| 809 | + | (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. | |
| 810 | + | ||
| 811 | + | ||
| 812 | + | ||
| 813 | + | (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. | |
| 814 | + | ||
| 815 | + | ||
| 816 | + | ||
| 817 | + | (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. | |
| 818 | + | ||
| 819 | + | ||
| 820 | + | ||
| 821 | + | (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 under 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. | |
| 822 | + | ||
| 823 | + | ||
| 824 | + | ||
| 825 | + | (2)The department shall do all of the following: | |
| 826 | + | ||
| 827 | + | ||
| 828 | + | ||
| 829 | + | (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. | |
| 830 | + | ||
| 831 | + | ||
| 832 | + | ||
| 833 | + | (B)Develop a standard application for submitting a request for disclosure of information authorized by this subdivision. | |
| 834 | + | ||
| 835 | + | ||
| 836 | + | ||
| 837 | + | (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. | |
| 838 | + | ||
| 839 | + | ||
| 840 | + | ||
| 841 | + | (D)Make publicly available on the departments internet website all of the following: | |
| 842 | + | ||
| 843 | + | ||
| 844 | + | ||
| 845 | + | (i)The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A). | |
| 846 | + | ||
| 847 | + | ||
| 848 | + | ||
| 849 | + | (ii)The standard application developed pursuant to subparagraph (B). | |
| 850 | + | ||
| 851 | + | ||
| 852 | + | ||
| 853 | + | (iii)The timeframe for information request determinations by the department, as specified in subparagraph (C). | |
| 854 | + | ||
| 855 | + | ||
| 856 | + | ||
| 857 | + | (iv)Contact information for assistance with requests for disclosures of information authorized by this subdivision. | |
| 858 | + | ||
| 859 | + | ||
| 860 | + | ||
| 861 | + | (v)Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial. | |
| 862 | + | ||
| 863 | + | ||
| 864 | + | ||
| 865 | + | (ak)(1)To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following: | |
| 866 | + | ||
| 867 | + | ||
| 868 | + | ||
| 869 | + | (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. | |
| 870 | + | ||
| 871 | + | ||
| 872 | + | ||
| 873 | + | (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. | |
| 874 | + | ||
| 875 | + | ||
| 876 | + | ||
| 877 | + | (2)To enable the State Department of Developmental Services to obtain quarterly wage data of consumers served by that department for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code. | |
| 878 | + | ||
| 879 | + | ||
| 880 | + | ||
| 881 | + | (3)The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations. | |
| 882 | + | ||
| 883 | + | ||
| 884 | + | ||
| 885 | + | (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 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. | |
| 886 | + | ||
| 887 | + | ||
| 888 | + | ||
| 889 | + | (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. | |
| 890 | + | ||
| 891 | + | ||
| 892 | + | ||
| 893 | + | (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. | |
| 894 | + | ||
| 895 | + | ||
| 896 | + | ||
| 897 | + | (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. | |
| 898 | + | ||
| 899 | + | ||
| 900 | + | ||
| 901 | + | (ao)To enable the Department of Fair Employment and Housing 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. | |
| 902 | + | ||
| 903 | + | ||
| 904 | + | ||
| 905 | + | ||
| 906 | + | ||
| 907 | + | ||
| 908 | + | ||
| 909 | + | (a)(1)The department shall pay unemployment compensation benefits through public employment offices or such other agency as may be prescribed by authorized regulations of the director. | |
| 910 | + | ||
| 911 | + | ||
| 912 | + | ||
| 913 | + | (2)Beginning January 1, 2024, the department shall provide a person entitled to receive unemployment compensation benefits the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in subdivision (a) of Section 1339.1, of the recipients choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. | |
| 914 | + | ||
| 915 | + | ||
| 916 | + | ||
| 917 | + | (b)Each check or certification (pay order) issued in payment of unemployment insurance compensation benefits shall have prominently imprinted upon it: State unemployment insurance benefits under the California Unemployment Insurance Code are paid for by employers. | |
| 918 | + | ||
| 919 | + | ||
| 920 | + | ||
| 921 | + | ||
| 922 | + | ||
| 923 | + | ||
| 924 | + | ||
| 925 | + | (a)Except as provided in subdivisions (b), (c), (d), (e), and (f), an individuals weekly benefit amount shall be the amount appearing in column B in the table set forth in this subdivision on the line of which in column A of the table there appears the wage bracket containing the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which wages were the highest. | |
| 926 | + | ||
| 927 | + | ||
| 928 | + | ||
| 929 | + | AAmount of wages inhighest quarter BWeekly benefitamount | |
| 930 | + |  $751,149.99 $50 | |
| 931 | + | 1,1501,174.99 51 | |
| 932 | + | 1,1751,199.99 52 | |
| 933 | + | 1,2001,224.99 53 | |
| 934 | + | 1,2251,249.99 54 | |
| 935 | + | 1,2501,274.99 55 | |
| 936 | + | 1,2751,299.99 56 | |
| 937 | + | 1,3001,324.99 57 | |
| 938 | + | 1,3251,349.99 58 | |
| 939 | + | 1,3501,374.99 59 | |
| 940 | + | 1,3751,399.99 60 | |
| 941 | + | 1,4001,424.99 61 | |
| 942 | + | 1,4251,449.99 62 | |
| 943 | + | 1,4501,474.99 63 | |
| 944 | + | 1,4751,499.99 64 | |
| 945 | + | 1,5001,524.99 65 | |
| 946 | + | 1,5251,549.99 66 | |
| 947 | + | 1,5501,574.99 67 | |
| 948 | + | 1,5751,599.99 68 | |
| 949 | + | 1,6001,624.99 69 | |
| 950 | + | 1,6251,649.99 70 | |
| 951 | + | 1,6501,674.99 71 | |
| 952 | + | 1,6751,699.99 72 | |
| 953 | + | 1,7001,724.99 73 | |
| 954 | + | 1,7251,749.20 74 | |
| 955 | + | ||
| 956 | + | AAmount of wages inhighest quarter | |
| 957 | + | ||
| 958 | + | ||
| 959 | + | ||
| 960 | + | BWeekly benefitamount | |
| 961 | + | ||
| 962 | + | ||
| 963 | + | ||
| 964 | + |  $751,149.99 | |
| 965 | + | ||
| 966 | + | ||
| 967 | + | ||
| 968 | + | $50 | |
| 969 | + | ||
| 970 | + | ||
| 971 | + | ||
| 972 | + | 1,1501,174.99 | |
| 973 | + | ||
| 974 | + | ||
| 975 | + | ||
| 976 | + | 51 | |
| 977 | + | ||
| 978 | + | ||
| 979 | + | ||
| 980 | + | 1,1751,199.99 | |
| 981 | + | ||
| 982 | + | ||
| 983 | + | ||
| 984 | + | 52 | |
| 985 | + | ||
| 986 | + | ||
| 987 | + | ||
| 988 | + | 1,2001,224.99 | |
| 989 | + | ||
| 990 | + | ||
| 991 | + | ||
| 992 | + | 53 | |
| 993 | + | ||
| 994 | + | ||
| 995 | + | ||
| 996 | + | 1,2251,249.99 | |
| 997 | + | ||
| 998 | + | ||
| 999 | + | ||
| 1000 | + | 54 | |
| 1001 | + | ||
| 1002 | + | ||
| 1003 | + | ||
| 1004 | + | 1,2501,274.99 | |
| 1005 | + | ||
| 1006 | + | ||
| 1007 | + | ||
| 1008 | + | 55 | |
| 1009 | + | ||
| 1010 | + | ||
| 1011 | + | ||
| 1012 | + | 1,2751,299.99 | |
| 1013 | + | ||
| 1014 | + | ||
| 1015 | + | ||
| 1016 | + | 56 | |
| 1017 | + | ||
| 1018 | + | ||
| 1019 | + | ||
| 1020 | + | 1,3001,324.99 | |
| 1021 | + | ||
| 1022 | + | ||
| 1023 | + | ||
| 1024 | + | 57 | |
| 1025 | + | ||
| 1026 | + | ||
| 1027 | + | ||
| 1028 | + | 1,3251,349.99 | |
| 1029 | + | ||
| 1030 | + | ||
| 1031 | + | ||
| 1032 | + | 58 | |
| 1033 | + | ||
| 1034 | + | ||
| 1035 | + | ||
| 1036 | + | 1,3501,374.99 | |
| 1037 | + | ||
| 1038 | + | ||
| 1039 | + | ||
| 1040 | + | 59 | |
| 1041 | + | ||
| 1042 | + | ||
| 1043 | + | ||
| 1044 | + | 1,3751,399.99 | |
| 1045 | + | ||
| 1046 | + | ||
| 1047 | + | ||
| 1048 | + | 60 | |
| 1049 | + | ||
| 1050 | + | ||
| 1051 | + | ||
| 1052 | + | 1,4001,424.99 | |
| 1053 | + | ||
| 1054 | + | ||
| 1055 | + | ||
| 1056 | + | 61 | |
| 1057 | + | ||
| 1058 | + | ||
| 1059 | + | ||
| 1060 | + | 1,4251,449.99 | |
| 1061 | + | ||
| 1062 | + | ||
| 1063 | + | ||
| 1064 | + | 62 | |
| 1065 | + | ||
| 1066 | + | ||
| 1067 | + | ||
| 1068 | + | 1,4501,474.99 | |
| 1069 | + | ||
| 1070 | + | ||
| 1071 | + | ||
| 1072 | + | 63 | |
| 1073 | + | ||
| 1074 | + | ||
| 1075 | + | ||
| 1076 | + | 1,4751,499.99 | |
| 1077 | + | ||
| 1078 | + | ||
| 1079 | + | ||
| 1080 | + | 64 | |
| 1081 | + | ||
| 1082 | + | ||
| 1083 | + | ||
| 1084 | + | 1,5001,524.99 | |
| 1085 | + | ||
| 1086 | + | ||
| 1087 | + | ||
| 1088 | + | 65 | |
| 1089 | + | ||
| 1090 | + | ||
| 1091 | + | ||
| 1092 | + | 1,5251,549.99 | |
| 1093 | + | ||
| 1094 | + | ||
| 1095 | + | ||
| 1096 | + | 66 | |
| 1097 | + | ||
| 1098 | + | ||
| 1099 | + | ||
| 1100 | + | 1,5501,574.99 | |
| 1101 | + | ||
| 1102 | + | ||
| 1103 | + | ||
| 1104 | + | 67 | |
| 1105 | + | ||
| 1106 | + | ||
| 1107 | + | ||
| 1108 | + | 1,5751,599.99 | |
| 1109 | + | ||
| 1110 | + | ||
| 1111 | + | ||
| 1112 | + | 68 | |
| 1113 | + | ||
| 1114 | + | ||
| 1115 | + | ||
| 1116 | + | 1,6001,624.99 | |
| 1117 | + | ||
| 1118 | + | ||
| 1119 | + | ||
| 1120 | + | 69 | |
| 1121 | + | ||
| 1122 | + | ||
| 1123 | + | ||
| 1124 | + | 1,6251,649.99 | |
| 1125 | + | ||
| 1126 | + | ||
| 1127 | + | ||
| 1128 | + | 70 | |
| 1129 | + | ||
| 1130 | + | ||
| 1131 | + | ||
| 1132 | + | 1,6501,674.99 | |
| 1133 | + | ||
| 1134 | + | ||
| 1135 | + | ||
| 1136 | + | 71 | |
| 1137 | + | ||
| 1138 | + | ||
| 1139 | + | ||
| 1140 | + | 1,6751,699.99 | |
| 1141 | + | ||
| 1142 | + | ||
| 1143 | + | ||
| 1144 | + | 72 | |
| 1145 | + | ||
| 1146 | + | ||
| 1147 | + | ||
| 1148 | + | 1,7001,724.99 | |
| 1149 | + | ||
| 1150 | + | ||
| 1151 | + | ||
| 1152 | + | 73 | |
| 1153 | + | ||
| 1154 | + | ||
| 1155 | + | ||
| 1156 | + | 1,7251,749.20 | |
| 1157 | + | ||
| 1158 | + | ||
| 1159 | + | ||
| 1160 | + | 74 | |
| 1161 | + | ||
| 1162 | + | ||
| 1163 | + | ||
| 1164 | + | (b)For periods of disability commencing on or after January 1, 1990, and prior to January 1, 1991, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding two hundred sixty-six dollars ($266) or the maximum workers compensation temporary disability indemnity weekly benefit amount, whichever is less. If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). | |
| 1165 | + | ||
| 1166 | + | ||
| 1167 | + | ||
| 1168 | + | (c)For periods of disability commencing on or after January 1, 1991, but before January 1, 2000, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be 55 percent of these wages divided by 13, but not exceeding three hundred thirty-six dollars ($336). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). | |
| 1169 | + | ||
| 1170 | + | ||
| 1171 | + | ||
| 1172 | + | (d)(1)For periods of disability commencing on or after January 1, 2000, but before January 1, 2018, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount. | |
| 1173 | + | ||
| 1174 | + | ||
| 1175 | + | ||
| 1176 | + | (2)Notwithstanding the maximum workers compensation temporary disability indemnity weekly benefit amount of paragraph (1), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). | |
| 1177 | + | ||
| 1178 | + | ||
| 1179 | + | ||
| 1180 | + | (e)For periods of disability commencing on and after January 1, 2018, but before January 1, 2023, an individuals weekly benefit amount shall be as follows: | |
| 1181 | + | ||
| 1182 | + | ||
| 1183 | + | ||
| 1184 | + | (1)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is less than nine hundred twenty-nine dollars ($929), then fifty dollars ($50). | |
| 1185 | + | ||
| 1186 | + | ||
| 1187 | + | ||
| 1188 | + | (2)When the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is nine hundred twenty-nine dollars ($929) or more, and is less than one-third of the amount of the state average quarterly wage, then 70 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest, divided by 13. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). | |
| 1189 | + | ||
| 1190 | + | ||
| 1191 | + | ||
| 1192 | + | (3)Except as provided in paragraph (4), when the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest is one-third of the amount of the state average quarterly wage, or more, then either (A) 23.3 percent of the state average weekly wage or (B) 60 percent of the amount of wages paid to the individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest divided by 13, whichever amount is greater. If the weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). | |
| 1193 | + | ||
| 1194 | + | ||
| 1195 | + | ||
| 1196 | + | (4)An individuals weekly benefit amount shall not exceed the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. | |
| 1197 | + | ||
| 1198 | + | ||
| 1199 | + | ||
| 1200 | + | (f)(1)For periods of disability commencing on or after January 1, 2023, if the amount of wages paid an individual for employment by employers during the quarter of the individuals disability base period in which these wages were highest exceeds one thousand seven hundred forty-nine dollars and twenty cents ($1,749.20), the weekly benefit amount shall be equal to 55 percent of these wages divided by 13, but not exceeding the maximum workers compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to Section 4453 of the Labor Code. | |
| 1201 | + | ||
| 1202 | + | ||
| 1203 | + | ||
| 1204 | + | (2)Notwithstanding the maximum workers compensation temporary disability indemnity weekly benefit amount of paragraph (1) of subdivision (d), if the benefit under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). | |
| 1205 | + | ||
| 1206 | + | ||
| 1207 | + | ||
| 1208 | + | (g)For purposes of this section: | |
| 1209 | + | ||
| 1210 | + | ||
| 1211 | + | ||
| 1212 | + | (1)State average quarterly wage means the state average weekly wage multiplied by 13. | |
| 1213 | + | ||
| 1214 | + | ||
| 1215 | + | ||
| 1216 | + | (2)State average weekly wage means the average weekly wage paid by employers to employees covered by unemployment insurance as reported by the United States Department of Labor for California for the 12 months ending on March 31 of the calendar year preceding the year in which the disability occurred. | |
| 1217 | + | ||
| 1218 | + | ||
| 1219 | + | ||
| 1220 | + | ||
| 1221 | + | ||
| 1222 | + | ||
| 1223 | + | ||
| 1224 | + | (a)Disability benefits shall be paid by the department through public employment offices or other agencies approved by the director. | |
| 1225 | + | ||
| 1226 | + | ||
| 1227 | + | ||
| 1228 | + | (b)Beginning January 1, 2024, the department shall provide a person entitled to receive disability benefits and family temporary disability insurance benefits under Chapter 7 (commencing with Section 3300) the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in subdivision (a) of Section 1339.1, of the recipients choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. | |
| 1229 | + | ||
| 1230 | + | ||
| 1231 | + | ||
| 1232 | + | ||
| 1233 | + | ||
| 1234 | + | ||
| 1235 | + | ||
| 1236 | + | For purposes of this division: | |
| 1237 | + | ||
| 1238 | + | ||
| 1239 | + | ||
| 1240 | + | (a)Board means the California Workforce Development Board. | |
| 1241 | + | ||
| 1242 | + | ||
| 1243 | + | ||
| 1244 | + | (b)Agency means the Labor and Workforce Development Agency. | |
| 1245 | + | ||
| 1246 | + | ||
| 1247 | + | ||
| 1248 | + | (c)Career pathways, career ladders, or career lattices are an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time. Career pathways, career ladders, and career lattices offer combined programs of rigorous and high-quality education, training, and other services that do all of the following: | |
| 1249 | + | ||
| 1250 | + | ||
| 1251 | + | ||
| 1252 | + | (1)Align with the skill needs of industries in the economy of the state or regional economy involved. | |
| 1253 | + | ||
| 1254 | + | ||
| 1255 | + | ||
| 1256 | + | (2)Prepare an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the National Apprenticeship Act of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of Title 29 of the United States Code. | |
| 1257 | + | ||
| 1258 | + | ||
| 1259 | + | ||
| 1260 | + | (3)Include counseling to support an individual in achieving the individuals education and career goals. | |
| 1261 | + | ||
| 1262 | + | ||
| 1263 | + | ||
| 1264 | + | (4)Include, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster. | |
| 1265 | + | ||
| 1266 | + | ||
| 1267 | + | ||
| 1268 | + | (5)Organize education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable. | |
| 1269 | + | ||
| 1270 | + | ||
| 1271 | + | ||
| 1272 | + | (6)Enable an individual to attain a secondary school diploma or its recognized equivalent, and at least one recognized postsecondary credential. | |
| 1273 | + | ||
| 1274 | + | ||
| 1275 | + | ||
| 1276 | + | (7)Help an individual enter or advance within a specific occupation or occupational cluster. | |
| 1277 | + | ||
| 1278 | + | ||
| 1279 | + | ||
| 1280 | + | (d)Cluster-based sector strategies mean methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area. | |
| 1281 | + | ||
| 1282 | + | ||
| 1283 | + | ||
| 1284 | + | (e)Data driven means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets. | |
| 1285 | + | ||
| 1286 | + | ||
| 1287 | + | ||
| 1288 | + | (f)Economic security means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the workers community, and other factors that may vary by region. | |
| 1289 | + | ||
| 1290 | + | ||
| 1291 | + | ||
| 1292 | + | (g)Evidence-based means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence. | |
| 1293 | + | ||
| 1294 | + | ||
| 1295 | + | ||
| 1296 | + | (h)High-priority occupations mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand, or projected to be in demand, by employers, and pay or lead to payment of a wage that provides economic security. | |
| 1297 | + | ||
| 1298 | + | ||
| 1299 | + | ||
| 1300 | + | (i)(1)In-demand industry sector or occupation means either of the following: | |
| 1301 | + | ||
| 1302 | + | ||
| 1303 | + | ||
| 1304 | + | (A)An industry sector that has a substantial current or potential impact, including through jobs that lead to economic self-sufficiency and opportunities for advancement, on the state, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors. | |
| 1305 | + | ||
| 1306 | + | ||
| 1307 | + | ||
| 1308 | + | (B)An occupation that currently has or is projected to have a number of positions, including positions that lead to economic self-sufficiency and opportunities for advancement, in an industry sector so as to have a significant impact on the state, regional, or local economy, as appropriate. | |
| 1309 | + | ||
| 1310 | + | ||
| 1311 | + | ||
| 1312 | + | (2)The determination of whether an industry sector or occupation is in-demand under this subdivision shall be made by the board or local board, or through the regional planning process in which local boards participate under the Workforce Innovation and Opportunity Act, as appropriate, using state and regional business and labor market projections, including the use of labor market information. | |
| 1313 | + | ||
| 1314 | + | ||
| 1315 | + | ||
| 1316 | + | (j)Individual with employment barriers means an individual with any characteristic that substantially limits an individuals ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency, including members of all of the following groups: | |
| 1317 | + | ||
| 1318 | + | ||
| 1319 | + | ||
| 1320 | + | (1)Displaced homemakers. | |
| 1321 | + | ||
| 1322 | + | ||
| 1323 | + | ||
| 1324 | + | (2)Low-income individuals. | |
| 1325 | + | ||
| 1326 | + | ||
| 1327 | + | ||
| 1328 | + | (3)Indians, Alaska Natives, and Native Hawaiians, as those terms are defined in Section 3221 of Title 29 of the United States Code. | |
| 1329 | + | ||
| 1330 | + | ||
| 1331 | + | ||
| 1332 | + | (4)Individuals with disabilities, including youths who are individuals with disabilities. | |
| 1333 | + | ||
| 1334 | + | ||
| 1335 | + | ||
| 1336 | + | (5)Older individuals. | |
| 1337 | + | ||
| 1338 | + | ||
| 1339 | + | ||
| 1340 | + | (6)Ex-offenders. | |
| 1341 | + | ||
| 1342 | + | ||
| 1343 | + | ||
| 1344 | + | (7)Homeless individuals, as defined in Section 14043e-2(6) of Title 42 of the United States Code, or homeless children and youths, as defined in Section 11434a(2) of Title 42 of the United States Code. | |
| 1345 | + | ||
| 1346 | + | ||
| 1347 | + | ||
| 1348 | + | (8)Youth who are in, or have aged out of, the foster care system. | |
| 1349 | + | ||
| 1350 | + | ||
| 1351 | + | ||
| 1352 | + | (9)Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers. | |
| 1353 | + | ||
| 1354 | + | ||
| 1355 | + | ||
| 1356 | + | (10)Eligible migrant and seasonal farmworkers, as defined in Section 3322(i) of Title 29 of the United States Code. | |
| 1357 | + | ||
| 1358 | + | ||
| 1359 | + | ||
| 1360 | + | (11)Individuals within two years of exhausting lifetime eligibility under Part A of Title IV of the Social Security Act (42 U.S.C. Sec. 601 et seq.). | |
| 1361 | + | ||
| 1362 | + | ||
| 1363 | + | ||
| 1364 | + | (12)Single parents, including single, pregnant women. | |
| 1365 | + | ||
| 1366 | + | ||
| 1367 | + | ||
| 1368 | + | (13)Long-term unemployed individuals. | |
| 1369 | + | ||
| 1370 | + | ||
| 1371 | + | ||
| 1372 | + | (14)Transgender and gender nonconforming individuals. | |
| 1373 | + | ||
| 1374 | + | ||
| 1375 | + | ||
| 1376 | + | (15)Any other groups as the Governor determines to have barriers to employment. | |
| 1377 | + | ||
| 1378 | + | ||
| 1379 | + | ||
| 1380 | + | (k)Industry cluster means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market. | |
| 1381 | + | ||
| 1382 | + | ||
| 1383 | + | ||
| 1384 | + | (l)Industry or sector partnership means a workforce collaborative, convened or acting in partnership with the board or a local board, that does the following: | |
| 1385 | + | ||
| 1386 | + | ||
| 1387 | + | ||
| 1388 | + | (1)Organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stages of development of the partnership: | |
| 1389 | + | ||
| 1390 | + | ||
| 1391 | + | ||
| 1392 | + | (A)Representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable. | |
| 1393 | + | ||
| 1394 | + | ||
| 1395 | + | ||
| 1396 | + | (B)One or more representatives of a recognized state labor organization or central labor council, or another labor representative, as appropriate. | |
| 1397 | + | ||
| 1398 | + | ||
| 1399 | + | ||
| 1400 | + | (C)One or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster. | |
| 1401 | + | ||
| 1402 | + | ||
| 1403 | + | ||
| 1404 | + | (2)The workforce collaborative may include representatives of any of the following: | |
| 1405 | + | ||
| 1406 | + | ||
| 1407 | + | ||
| 1408 | + | (A)State or local government. | |
| 1409 | + | ||
| 1410 | + | ||
| 1411 | + | ||
| 1412 | + | (B)State or local economic development agencies. | |
| 1413 | + | ||
| 1414 | + | ||
| 1415 | + | ||
| 1416 | + | (C)State boards or local boards, as appropriate. | |
| 1417 | + | ||
| 1418 | + | ||
| 1419 | + | ||
| 1420 | + | (D)A state workforce agency or entity providing employment services. | |
| 1421 | + | ||
| 1422 | + | ||
| 1423 | + | ||
| 1424 | + | (E)Other state or local agencies. | |
| 1425 | + | ||
| 1426 | + | ||
| 1427 | + | ||
| 1428 | + | (F)Business or trade associations. | |
| 1429 | + | ||
| 1430 | + | ||
| 1431 | + | ||
| 1432 | + | (G)Economic development organizations. | |
| 1433 | + | ||
| 1434 | + | ||
| 1435 | + | ||
| 1436 | + | (H)Nonprofit organizations, community-based organizations, or intermediaries. | |
| 1437 | + | ||
| 1438 | + | ||
| 1439 | + | ||
| 1440 | + | (I)Philanthropic associations. | |
| 1441 | + | ||
| 1442 | + | ||
| 1443 | + | ||
| 1444 | + | (J)Industry associations. | |
| 1445 | + | ||
| 1446 | + | ||
| 1447 | + | ||
| 1448 | + | (K)Other organizations, as determined to be necessary by the members comprising the industry sector or partnership. | |
| 1449 | + | ||
| 1450 | + | ||
| 1451 | + | ||
| 1452 | + | (m)Industry sector means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market. | |
| 1453 | + | ||
| 1454 | + | ||
| 1455 | + | ||
| 1456 | + | (n)Local labor federation means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council of California. | |
| 1457 | + | ||
| 1458 | + | ||
| 1459 | + | ||
| 1460 | + | (o)Sector strategies means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics: | |
| 1461 | + | ||
| 1462 | + | ||
| 1463 | + | ||
| 1464 | + | (1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security. | |
| 1465 | + | ||
| 1466 | + | ||
| 1467 | + | ||
| 1468 | + | (2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations. | |
| 1469 | + | ||
| 1470 | + | ||
| 1471 | + | ||
| 1472 | + | (3)May be implemented using articulated career pathways or lattices and a system of stackable credentials. | |
| 1473 | + | ||
| 1474 | + | ||
| 1475 | + | ||
| 1476 | + | (4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans. | |
| 1477 | + | ||
| 1478 | + | ||
| 1479 | + | ||
| 1480 | + | (5)Frequently are implemented using industry or sector partnerships. | |
| 1481 | + | ||
| 1482 | + | ||
| 1483 | + | ||
| 1484 | + | (6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions. | |
| 1485 | + | ||
| 1486 | + | ||
| 1487 | + | ||
| 1488 | + | (p)Workforce Innovation and Opportunity Act of 2014 means the federal act enacted as Public Law 113-128. | |
| 1489 | + | ||
| 1490 | + | ||
| 1491 | + | ||
| 1492 | + | (q)(1)Earn and learn includes, but is not limited to, a program that does either of the following: | |
| 1493 | + | ||
| 1494 | + | ||
| 1495 | + | ||
| 1496 | + | (A)Combines applied learning in a workplace setting with compensation allowing workers or students to gain work experience and secure a wage as they develop skills and competencies directly relevant to the occupation or career for which they are preparing. | |
| 1497 | + | ||
| 1498 | + | ||
| 1499 | + | ||
| 1500 | + | (B)Brings together classroom instruction with on-the-job training to combine both formal instruction and actual paid work experience. | |
| 1501 | + | ||
| 1502 | + | ||
| 1503 | + | ||
| 1504 | + | (2)Earn and learn programs include, but are not limited to, all of the following: | |
| 1505 | + | ||
| 1506 | + | ||
| 1507 | + | ||
| 1508 | + | (A)Apprenticeships. | |
| 1509 | + | ||
| 1510 | + | ||
| 1511 | + | ||
| 1512 | + | (B)Preapprenticeships. | |
| 1513 | + | ||
| 1514 | + | ||
| 1515 | + | ||
| 1516 | + | (C)Incumbent worker training. | |
| 1517 | + | ||
| 1518 | + | ||
| 1519 | + | ||
| 1520 | + | (D)Transitional and subsidized employment, particularly for individuals with barriers to employment. | |
| 1521 | + | ||
| 1522 | + | ||
| 1523 | + | ||
| 1524 | + | (E)Paid internships and externships. | |
| 1525 | + | ||
| 1526 | + | ||
| 1527 | + | ||
| 1528 | + | (F)Project-based compensated learning. | |
| 1529 | + | ||
| 1530 | + | ||
| 1531 | + | ||
| 1532 | + | (r)High road means a set of economic and workforce development strategies to achieve economic growth, economic equity, shared prosperity and a clean environment. The strategies include, but are not limited to, interventions that: | |
| 1533 | + | ||
| 1534 | + | ||
| 1535 | + | ||
| 1536 | + | (1)Improve job quality and job access, including for women and people from underserved and underrepresented populations. | |
| 1537 | + | ||
| 1538 | + | ||
| 1539 | + | ||
| 1540 | + | (2)Meet the skill and profitability needs of employers. | |
| 1541 | + | ||
| 1542 | + | ||
| 1543 | + | ||
| 1544 | + | (3)Meet the economic, social, and environmental needs of the community. | |
| 1545 | + | ||
| 1546 | + | ||
| 1547 | + | ||
| 1548 | + | (s)High road training partnership means an initiative or project that models strategies for developing industry-based, worker-focused training partnerships, including labor-management partnerships. High Road Training partnerships operate via regional, industry- or sector-based training partnerships comprised of employers, workers, and their representatives including organized labor, community-based organizations, education, training, and social services providers, and labor market intermediaries. High Road Training partnerships demonstrate job quality standards and employment practices that include, but are not limited to, the following: | |
| 1549 | + | ||
| 1550 | + | ||
| 1551 | + | ||
| 1552 | + | (1)Provision of comparatively good wages and benefits, relative to the industry, occupation, and labor market in which participating workers are employed. | |
| 1553 | + | ||
| 1554 | + | ||
| 1555 | + | ||
| 1556 | + | (2)Payment of workers at or above local or regional living wage standards as well as payment at or above regional prevailing wage standards where such standards exist for the occupations in question. | |
| 1557 | + | ||
| 1558 | + | ||
| 1559 | + | ||
| 1560 | + | (3)A history of investment in employee training, growth, and development. | |
| 1561 | + | ||
| 1562 | + | ||
| 1563 | + | ||
| 1564 | + | (4)Provision of opportunities for career advancement and wage growth. | |
| 1565 | + | ||
| 1566 | + | ||
| 1567 | + | ||
| 1568 | + | (5)Safe and healthy working conditions. | |
| 1569 | + | ||
| 1570 | + | ||
| 1571 | + | ||
| 1572 | + | (6)Consistent compliance with workplace laws and regulations, including proactive efforts to remedy past problems. | |
| 1573 | + | ||
| 1574 | + | ||
| 1575 | + | ||
| 1576 | + | (7)Adoption of mechanisms to include worker voice and agency in the workplace. | |
| 1577 | + | ||
| 1578 | + | ||
| 1579 | + | ||
| 1580 | + | (t)High road construction careers are high road training partnerships that invest in regional training partnerships comprised of local building trades councils, workforce, community, and education interests that connect to state-approved apprenticeship programs, that utilize the standard Multi-Craft Core preapprenticeship training curriculum and provide a range of supportive services and career placement assistance to women and people from underserved and underrepresented populations. | |
| 1581 | + | ||
| 1582 | + | ||
| 1583 | + | ||
| 1584 | + | (u)Career advancement means demonstrated progression along a career ladder as evidenced by both wage growth and occupational advancement. | |
| 1585 | + | ||
| 1586 | + | ||
| 1587 | + | ||
| 1588 | + | ||
| 1589 | + | ||
| 1590 | + | ||
| 1591 | + | ||
| 1592 | + | The board shall assist the Governor in the following: | |
| 1593 | + | ||
| 1594 | + | ||
| 1595 | + | ||
| 1596 | + | (a)Promoting the development of a well-educated and highly skilled 21st century workforce, and the development of a high road economy that offers an educated and skilled workforce with fair compensation and treatment in the workplace. | |
| 1597 | + | ||
| 1598 | + | ||
| 1599 | + | ||
| 1600 | + | (b)Developing, implementing, and modifying the State Plan. The State Plan shall serve as the comprehensive framework and coordinated plan for the aligned investment of all federal and state workforce training and employment services funding streams and programs. To the extent feasible and when appropriate, the State Plan should reinforce and work with adult education and career technical education efforts that are responsive to labor market trends, as well as economic trends that impact the labor market and workforce, including, but not limited to, climate change, automation of work, and employment. | |
| 1601 | + | ||
| 1602 | + | ||
| 1603 | + | ||
| 1604 | + | (c)The review and technical assistance of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the state to align workforce, education, training, and employment funding programs in the state in a manner that supports a comprehensive, high-quality, and streamlined workforce development system in the state, including the review and provision of comments on the State Plan, if any, for programs and activities of one-stop partners that are not core programs. | |
| 1605 | + | ||
| 1606 | + | ||
| 1607 | + | ||
| 1608 | + | (d)Developing and continuously improving the statewide workforce investment system, including: | |
| 1609 | + | ||
| 1610 | + | ||
| 1611 | + | ||
| 1612 | + | (1)The identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system. | |
| 1613 | + | ||
| 1614 | + | ||
| 1615 | + | ||
| 1616 | + | (2)The development, promotion, and implementation of strategies, as well as the administration of, an field assistance for, programs to advance the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, and including individuals with disabilities, with workforce investment activities, education, and supportive services to enter or retain high-quality employment. To the extent permissible under state and federal laws, these policies and strategies should support linkages between kindergarten and grades 1 to 12, inclusive, and community college educational systems in order to help secure educational and career advancement. These policies and strategies may be implemented using a sector strategies framework and should ultimately lead to placement in a job providing economic security or job placement in an entry-level job that has a well-articulated career pathway or career ladder to a job providing economic security. | |
| 1617 | + | ||
| 1618 | + | ||
| 1619 | + | ||
| 1620 | + | (3)The development, promotion, and implementation of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system. | |
| 1621 | + | ||
| 1622 | + | ||
| 1623 | + | ||
| 1624 | + | (4)The development, promotion, and implementation of strategies, as well as the administration of, and field assistance for, programs that meet the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations, including policies targeting resources to competitive and emerging industry sectors and industry clusters that provide economic security and are either high-growth sectors or critical to Californias economy, or both. These industry sectors and clusters shall have significant economic impacts on the state and its regional and workforce development needs, including, but not limited to, Californias transition to a carbon neutral economy, and have documented career opportunities. | |
| 1625 | + | ||
| 1626 | + | ||
| 1627 | + | ||
| 1628 | + | (5)Consistent with the definitions in Section 14005, developing standards, procedures, and criteria for defining high road employers, high road jobs, high road workforce development, and high road training partnerships in California, in accordance with lessons learned from the boards ongoing high road workforce development initiatives. | |
| 1629 | + | ||
| 1630 | + | ||
| 1631 | + | ||
| 1632 | + | (6)The administration, promotion, and expansions of, as well as field assistance for, high road training partnerships, as defined in Section 14005. | |
| 1633 | + | ||
| 1634 | + | ||
| 1635 | + | ||
| 1636 | + | (7)The administration, promotion, and expansion of, as well as field assistance for, high road construction careers, as defined in Section 14005. | |
| 1637 | + | ||
| 1638 | + | ||
| 1639 | + | ||
| 1640 | + | (8)Recommending adult and dislocated worker training policies and investments that offer a variety of career opportunities while upgrading the skills of Californias workforce. These may include training policies and investments pertaining to any of the following: | |
| 1641 | + | ||
| 1642 | + | ||
| 1643 | + | ||
| 1644 | + | (A)Occupational skills training, including training for nontraditional employment. | |
| 1645 | + | ||
| 1646 | + | ||
| 1647 | + | ||
| 1648 | + | (B)On-the-job training. | |
| 1649 | + | ||
| 1650 | + | ||
| 1651 | + | ||
| 1652 | + | (C)Incumbent worker training in accordance with Section 3174(d)(4) of Title 29 of the United States Code. | |
| 1653 | + | ||
| 1654 | + | ||
| 1655 | + | ||
| 1656 | + | (D)Programs that combine workplace training with related instruction, which may include cooperative education programs. | |
| 1657 | + | ||
| 1658 | + | ||
| 1659 | + | ||
| 1660 | + | (E)Training programs operated by the private sector. | |
| 1661 | + | ||
| 1662 | + | ||
| 1663 | + | ||
| 1664 | + | (F)Skill upgrading and retraining. | |
| 1665 | + | ||
| 1666 | + | ||
| 1667 | + | ||
| 1668 | + | (G)Entrepreneurial training. | |
| 1669 | + | ||
| 1670 | + | ||
| 1671 | + | ||
| 1672 | + | (H)Transitional jobs in accordance with Section 3174(d)(5) of Title 29 of the United States Code. | |
| 1673 | + | ||
| 1674 | + | ||
| 1675 | + | ||
| 1676 | + | (I)Job readiness training provided in combination with any of the services described in subparagraphs (A) to (H), inclusive. | |
| 1677 | + | ||
| 1678 | + | ||
| 1679 | + | ||
| 1680 | + | (J)Adult education and literacy activities provided in combination with any of the services described in subparagraphs (A) to (G), inclusive. | |
| 1681 | + | ||
| 1682 | + | ||
| 1683 | + | ||
| 1684 | + | (K)Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. | |
| 1685 | + | ||
| 1686 | + | ||
| 1687 | + | ||
| 1688 | + | (e)The identification of regions, including planning regions, for the purposes of Section 3121(a) of Title 29 of the United States Code, and the designation of local areas under Section 3121 of Title 29 of the United States Code, after consultation with local boards and chief elected officials. | |
| 1689 | + | ||
| 1690 | + | ||
| 1691 | + | ||
| 1692 | + | (f)The development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, job seekers, and employers. | |
| 1693 | + | ||
| 1694 | + | ||
| 1695 | + | ||
| 1696 | + | (g)Recommending strategies to the Governor for strategic training investments of the Governors 15-percent discretionary funds. | |
| 1697 | + | ||
| 1698 | + | ||
| 1699 | + | ||
| 1700 | + | (h)Developing strategies to support staff training and awareness across programs supported under the workforce development system. | |
| 1701 | + | ||
| 1702 | + | ||
| 1703 | + | ||
| 1704 | + | (i)The development and updating of comprehensive state performance accountability measures, including state-adjusted levels of performance, to assess the effectiveness of the core programs in the state as required under Section 3141(b) of Title 29 of the United States Code. As part of this process the board shall do all of the following: | |
| 1705 | + | ||
| 1706 | + | ||
| 1707 | + | ||
| 1708 | + | (1)Develop a workforce metrics dashboard, to be updated annually, that measures the states human capital investments in workforce development to better understand the collective impact of these investments on the labor market. The board shall determine the approach for measuring labor market impacts, provided that, to the extent feasible, the board uses statistically rigorous methodologies to estimate, assess, and isolate the impact of programs on participant outcomes. The workforce metrics dashboard shall be produced, to the extent feasible, using existing available data and resources that are currently collected and accessible to state agencies. The board shall convene workforce program partners to develop a standardized set of inputs and outputs for the workforce metrics dashboard. The workforce metrics dashboard shall do all of the following: | |
| 1709 | + | ||
| 1710 | + | ||
| 1711 | + | ||
| 1712 | + | (A)Provide a status report on credential attainment, training completion, degree attainment, and participant earnings from workforce education and training programs. The board shall publish and distribute the final report. | |
| 1713 | + | ||
| 1714 | + | ||
| 1715 | + | ||
| 1716 | + | (B)Provide demographic breakdowns, including, to the extent possible, race, ethnicity, age, gender, veteran status, wage and credential or degree outcomes, and information on workforce outcomes in different industry sectors. | |
| 1717 | + | ||
| 1718 | + | ||
| 1719 | + | ||
| 1720 | + | (C)Measure, at a minimum and to the extent feasible with existing resources, the performance of the following workforce programs: community college career technical education, the Employment Training Panel, Title I and Title II of the federal Workforce Investment Act of 1998 (Public Law 105-220), Title I and Title II of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128), Trade Adjustment Assistance, and state apprenticeship programs. | |
| 1721 | + | ||
| 1722 | + | ||
| 1723 | + | ||
| 1724 | + | (D)Measure participant earnings in California, and to the extent feasible, in other states. The Employment Development Department shall assist the board by calculating aggregated participant earnings using unemployment insurance wage records, without violating any applicable confidentiality requirements. | |
| 1725 | + | ||
| 1726 | + | ||
| 1727 | + | ||
| 1728 | + | (2)The State Department of Education is hereby authorized to collect the social security numbers of adults participating in adult education programs so that accurate participation in those programs can be represented in the workforce metrics dashboard. However, an individual shall not be denied program participation if the individual refuses to provide a social security number. The State Department of Education shall keep this information confidential, except, the State Department of Education is authorized to share this information, unless prohibited by federal law, with the Employment Development Department, the board, or the boards designee, who shall keep the information confidential and use it only to track the labor market and other outcomes described in subparagraph (A) of paragraph (1) of program participants in compliance with all applicable state and federal laws and mandates, including all performance reporting requirements under the Workforce Innovation and Opportunity Act. | |
| 1729 | + | ||
| 1730 | + | ||
| 1731 | + | ||
| 1732 | + | (3)(A)Participating workforce programs, including, but not limited to, those specified in subparagraph (C) of paragraph (1), shall provide participant data in a standardized format to the Employment Development Department, the board, or the boards designee. | |
| 1733 | + | ||
| 1734 | + | ||
| 1735 | + | ||
| 1736 | + | (B)The Employment Development Department, the board, or the boards designee, shall aggregate data provided by participating workforce programs and shall report the data, organized by demographics, earnings, and industry of employment, to the board to assist the board in producing the annual workforce metrics dashboard. | |
| 1737 | + | ||
| 1738 | + | ||
| 1739 | + | ||
| 1740 | + | (4)The board shall ensure that a designee has the technical and operational capability of meeting appropriate privacy and security requirements. | |
| 1741 | + | ||
| 1742 | + | ||
| 1743 | + | ||
| 1744 | + | (j)The identification and dissemination of information on best practices, including best practices for all of the following: | |
| 1745 | + | ||
| 1746 | + | ||
| 1747 | + | ||
| 1748 | + | (1)The effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment. | |
| 1749 | + | ||
| 1750 | + | ||
| 1751 | + | ||
| 1752 | + | (2)The development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness. | |
| 1753 | + | ||
| 1754 | + | ||
| 1755 | + | ||
| 1756 | + | (3)Effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individuals prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways. | |
| 1757 | + | ||
| 1758 | + | ||
| 1759 | + | ||
| 1760 | + | (k)The development and review of statewide policies affecting the coordinated provision of services through the states one-stop delivery system described in Section 3151(e) of Title 29 of the United States Code, including the development of all of the following: | |
| 1761 | + | ||
| 1762 | + | ||
| 1763 | + | ||
| 1764 | + | (1)Objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in Section 3151(e) of Title 29 of the United States Code. | |
| 1765 | + | ||
| 1766 | + | ||
| 1767 | + | ||
| 1768 | + | (2)Guidance for the allocation of one-stop center infrastructure funds under Section 3151(h) of Title 29 of the United States Code. | |
| 1769 | + | ||
| 1770 | + | ||
| 1771 | + | ||
| 1772 | + | (3)Policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such a system. | |
| 1773 | + | ||
| 1774 | + | ||
| 1775 | + | ||
| 1776 | + | (l)The development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to all of the following: | |
| 1777 | + | ||
| 1778 | + | ||
| 1779 | + | ||
| 1780 | + | (1)Enhance digital literacy skills, as defined in Section 9101 of Title 20 of the United States Code, referred to in this division as digital literacy skills. | |
| 1781 | + | ||
| 1782 | + | ||
| 1783 | + | ||
| 1784 | + | (2)Accelerate the acquisition of skills and recognized postsecondary credentials by participants. | |
| 1785 | + | ||
| 1786 | + | ||
| 1787 | + | ||
| 1788 | + | (3)Strengthen the professional development of providers and workforce professionals. | |
| 1789 | + | ||
| 1790 | + | ||
| 1791 | + | ||
| 1792 | + | (4)Ensure the technology is accessible to individuals with disabilities and individuals residing in remote areas. | |
| 1793 | + | ||
| 1794 | + | ||
| 1795 | + | ||
| 1796 | + | (m)The development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures, including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs. | |
| 1797 | + | ||
| 1798 | + | ||
| 1799 | + | ||
| 1800 | + | (n)The development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United States Code. | |
| 1801 | + | ||
| 1802 | + | ||
| 1803 | + | ||
| 1804 | + | (o)The preparation of the annual reports described in paragraphs (1) and (2) of Section 3141(d) of Title 29 of the United States Code. | |
| 1805 | + | ||
| 1806 | + | ||
| 1807 | + | ||
| 1808 | + | (p)The development of the statewide workforce and labor market information system described in Section 49l2(e) of Title 29 of the United States Code. | |
| 1809 | + | ||
| 1810 | + | ||
| 1811 | + | ||
| 1812 | + | (q)By July 1, 2020, the development, in conjunction with the Employment Development Department and with input from local workforce development boards, of a policy regarding mutual aid agreements between and among local workforce development boards to enable them to effectively respond to disasters and that is consistent with applicable state and federal law. | |
| 1813 | + | ||
| 1814 | + | ||
| 1815 | + | ||
| 1816 | + | (r)The development of other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the state. | |
| 1817 | + | ||
| 1818 | + | ||
| 1819 | + | ||
| 1820 | + | (s)Helping individuals with barriers to employment, including low-skill, low-wage workers, the long-term unemployed, and members of single-parent households, achieve economic security and upward mobility by implementing policies that encourage the attainment of marketable skills relevant to current labor market trends. | |
| 1821 | + | ||
| 1822 | + | ||
| 1823 | + | ||
| 1824 | + | ||
| 1825 | + | ||
| 1826 | + | ||
| 1827 | + | ||
| 1828 | + | (a)Consistent with the intent of paragraph (3) of subdivision (b) of Section 14000, the California Workforce Development Board shall collect and report program and outcome data for its high road workforce programs. | |
| 1829 | + | ||
| 1830 | + | ||
| 1831 | + | ||
| 1832 | + | (b)Pursuant to subdivision (a), all of the following shall apply: | |
| 1833 | + | ||
| 1834 | + | ||
| 1835 | + | ||
| 1836 | + | (1)The Employment Development Department shall make available to the board any and all wage and employment data necessary to evaluate all relevant programs and grants. | |
| 1837 | + | ||
| 1838 | + | ||
| 1839 | + | ||
| 1840 | + | (2)All grant applicants and program beneficiaries participating in a high road training partnership program shall provide any and all necessary information to the state to facilitate public transparency, accountability, and grant and program performance evaluation, including any relevant data needed to determine the outcomes and benefits of programing and grants funded for program participants, high road training partnerships, industry, and the workforce system. | |
| 1841 | + | ||
| 1842 | + | ||
| 1843 | + | ||
| 1844 | + | (3)All grants and programming shall be evaluated using criteria, metrics, and data that include, but are not limited to, information pertaining to the ability of grantees and program administrators to conduct and complete relevant programming as demonstrated through appropriate quantitative and qualitative analysis, including the use of appropriate outcome metrics. | |
| 1845 | + | ||
| 1846 | + | ||
| 1847 | + | ||
| 1848 | + | (4)For funds and grants providing direct workforce, training, and education services to individuals, the board shall report all of the following: | |
| 1849 | + | ||
| 1850 | + | ||
| 1851 | + | ||
| 1852 | + | (A)Who is receiving the services, including data on the demographics of the individuals receiving services. | |
| 1853 | + | ||
| 1854 | + | ||
| 1855 | + | ||
| 1856 | + | (B)The nature of the services received collected at the individual level. | |
| 1857 | + | ||
| 1858 | + | ||
| 1859 | + | ||
| 1860 | + | (C)Data pertaining to participant program and employment outcomes of individuals receiving services including: | |
| 1861 | + | ||
| 1862 | + | ||
| 1863 | + | ||
| 1864 | + | (i)The employment rates of individuals served to measure initial job placement and retention over time. | |
| 1865 | + | ||
| 1866 | + | ||
| 1867 | + | ||
| 1868 | + | (ii)The wages and wage growth of individuals served during and after program participation. | |
| 1869 | + | ||
| 1870 | + | ||
| 1871 | + | ||
| 1872 | + | (5)Recognizing that the outcome data specified in this section frequently lags program implementation activities, progress reports and interim evaluation reports consistent with the requirements of this section shall be provided to the Legislature by the board, after it receives and administers funding under the relevant budget allocations, by October 1 of even-numbered years utilizing whatever program participant and outcome data is available. The report shall also include, but not be limited to, the number of grants awarded, the average award amounts, geographic distribution of awards, and types of industries awarded. | |
| 1873 | + | ||
| 1874 | + | ||
| 1875 | + | ||
| 1876 | + | (6)Final evaluation reports for all grants and programs shall be provided to the Legislature 18 months after all available labor market outcome data specified in this section becomes available. | |
| 1877 | + | ||
| 1878 | + | ||
| 1879 | + | ||
| 1880 | + | ||
| 1881 | + | ||
| 1882 | + | ||
| 1883 | + | ||
| 1884 | + | (a)In efforts to expand job training and employment for allied health professions, the California Workforce Development Board, in consultation with the Division of Apprenticeship Standards, shall do the following: | |
| 1885 | + | ||
| 1886 | + | ||
| 1887 | + | ||
| 1888 | + | (1)Identify opportunities for earn and learn job training opportunities that meet the industrys workforce demands and that are in high road, high-demand jobs. | |
| 1889 | + | ||
| 1890 | + | ||
| 1891 | + | ||
| 1892 | + | (2)Identify and develop specific requirements and qualifications for entry into earn and learn job training models. | |
| 1893 | + | ||
| 1894 | + | ||
| 1895 | + | ||
| 1896 | + | (3)Establish standards for earn and learn job training programs that are outcome oriented and accountable. The standards shall measure the results from program participation, including a measurement of how many complete the program with an industry-recognized credential that certifies that the individual is ready to enter the specific allied health profession for which the individual has been trained. | |
| 1897 | + | ||
| 1898 | + | ||
| 1899 | + | ||
| 1900 | + | (4)Develop means to identify, assess, and prepare a pool of qualified candidates seeking to enter earn and learn job training models. | |
| 1901 | + | ||
| 1902 | + | ||
| 1903 | + | ||
| 1904 | + | (b)(1)The board, on or before December 1, 2015, shall prepare and submit to the appropriate policy committees of the Legislature a report on the findings and recommendations of the board. | |
| 1905 | + | ||
| 1906 | + | ||
| 1907 | + | ||
| 1908 | + | (2)The requirement for submitting a report imposed pursuant to this subdivision is inoperative on January 1, 2019, pursuant to Section 10231.5 of the Government Code. | |
| 1909 | + | ||
| 1910 | + | ||
| 1911 | + | ||
| 1912 | + | (c)(1)The Department of Consumer Affairs shall engage in a stakeholder process to update policies and remove barriers to facilitate the development of earn and learn training programs in the allied health professions, including barriers identified in the report prepared by the board pursuant to subdivision (b), entitled Expanding Earn and Learn Models in the California Health Care Industry. The stakeholder process shall include all of the following: | |
| 1913 | + | ||
| 1914 | + | ||
| 1915 | + | ||
| 1916 | + | (A)The department convening allied health workforce stakeholders, which shall include, but are not limited to, the departments relevant licensure boards, the Division of Apprenticeship Standards, representatives appointed by the board of governors from the California community college system, the California Workforce Development Board, and the State Department of Public Health, and which may include other relevant entities such as the Office of Statewide Health Planning and Development, employer and worker representatives, and community-based organizations. | |
| 1917 | + | ||
| 1918 | + | ||
| 1919 | + | ||
| 1920 | + | (B)Addressing issues that include, but are not limited to, prelicensure classifications in allied health occupations that would allow students, in a supervised setting, to gain experience in their chosen field before obtaining licensure, and the payment of wages while in a workplace-based training program. | |
| 1921 | + | ||
| 1922 | + | ||
| 1923 | + | ||
| 1924 | + | (C)The department ensuring that existing standards of consumer protection are maintained. | |
| 1925 | + | ||
| 1926 | + | ||
| 1927 | + | ||
| 1928 | + | (D) Sharing any statutory barriers identified through this process with the relevant committees of the Legislature. | |
| 1929 | + | ||
| 1930 | + | ||
| 1931 | + | ||
| 1932 | + | (2)The process described in paragraph (1) shall be completed by, and this subdivision shall be inoperative on, January 1, 2020. | |
| 1933 | + | ||
| 1934 | + | ||
| 1935 | + | ||
| 1936 | + | ||
| 1937 | + | ||
| 1938 | + | The Legislature finds and declares all of the following: | |
| 1939 | + | ||
| 1940 | + | ||
| 1941 | + | ||
| 1942 | + | (a)California has one of the countrys most diverse populations, including nearly 5,000,000 adults whose primary spoken or written language is not English. | |
| 1943 | + | ||
| 1944 | + | ||
| 1945 | + | ||
| 1946 | + | (b)The Employment Development Department (EDD) offers a number of translation and interpretation services. | |
| 1947 | + | ||
| 1948 | + | ||
| 1949 | + | ||
| 1950 | + | (c)It is the intent of the Legislature, in enacting the amendments to Sections 316 of the Unemployment Insurance Code made by this act, to take additional steps to ensure that all Californians seeking unemployment insurance services have meaningful access to EDD services and programs. | |
| 1951 | + | ||
| 1952 | + | ||
| 1953 | + | ||
| 1954 | + | ||
| 1955 | + | ||
| 1956 | + | The Legislature finds and declares that the addition of Section 340 to the Unemployment 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: | |
| 1957 | + | ||
| 1958 | + | ||
| 1959 | + | ||
| 1960 | + | In order to protect the fraud deterrence practices of the Employment Development Department, the interest in the public disclosure of fraud deterrence information is outweighed by the interest in maintaining the confidentiality of this information. | |
| 1961 | + | ||
| 1962 | + | ||
| 1963 | + | ||
| 1964 | + | ||
| 1965 | + | ||
| 1966 | + | 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. |