| 1 | | - | Assembly Bill No. 127 CHAPTER 45An act to amend Section 1798.99.32 of the Civil Code, to amend Sections 7903, 8010, 8263, 8270, 8272, 8274, 8275, 8276, 11011, 11011.2, 11549.3, 11549.57, 11549.58, 11788.1, 11860, 12098.10, 12100.83.6, 12100.85, 12100.91, 12100.95, 12100.975, 12100.985, 12100.100, 12100.101, 12100.103, 12100.105, 12100.151, 12526, 14634, 14670, 15679, 16427, and 16428 of, to amend the heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of, to amend and renumber Section 8654.2 of, to add Section 11549.59 to, to add and repeal Sections 12100.83.5 and 14669.23 of, and to add and repeal Chapter 4.6 (commencing with Section 8303) and Chapter 9.4 (commencing with Section 8759) of Division 1 of Title 2 of, the Government Code, to amend Section 412.5 of, and to add Section 431.5 to, the Military and Veterans Code, to amend Section 75250.1 of, to add Section 21080.12 to, and to add and repeal Chapter 14 (commencing with Section 5875) of Division 5 of, the Public Resources Code, and to amend Section 281 of the Public Utilities Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget. [ Approved by Governor July 10, 2023. Filed with Secretary of State July 10, 2023. ] LEGISLATIVE COUNSEL'S DIGESTAB 127, Committee on Budget. State government.(1) Existing law, the California Age-Appropriate Design Code Act, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.Existing law establishes the California Childrens Data Protection Working Group to deliver a report to the Legislature on or before January 1, 2024, and every 2 years thereafter, regarding best practices for the implementation of these provisions, as specified. Existing law requires the working group to select a chair and a vice chair from among its members and requires the working group to consist of 10 members, as specified.This bill would specify that the working group is within the Office of the Attorney General, and would require the report to, instead, be delivered on or before July 1, 2024, and every 2 years thereafter. The bill would instead require the working group to consist of 9 members, as specified. The bill would permit meetings of the working group to be conducted by means of remote communication, as specified.(2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines appropriations subject to limitation of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines appropriations subject to limitation of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, state subventions as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.For fiscal years commencing with the 202021 fiscal year, existing law defines state subventions to additionally include money provided to a local agency pursuant to certain state programs and requires any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would require the Department of Finance to, no later than February 1 of each year, calculate the individual subvention amounts for each of those state programs and provide this information on an annual basis to the California State Association of Counties and the League of California Cities for distribution to local agencies. The bill would require local agencies to use the calculations provided for purposes of the above-described appropriations limit. By revising the duties of local officials with respect to the limitation of appropriations by local agencies, this bill would impose a state-mandated local program.(3) Existing law, until January 1, 2027, establishes the Commission on the State of Hate in the state government, and specifies the goals of the commission, including providing resources and assistance to various state agencies, law enforcement agencies, and the public on the state of hate to keep these entities and the public informed of emerging trends in hate-related crime. Existing law provides for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature, and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation.This bill would instead authorize appointed members of the commission to receive a per diem of $100 for each public meeting and community forum of the commission that they attend, and would also entitle those individuals to reimbursement for expenses incurred. The bill would provide that legislative members, ex officio members, and nonmember advisers of the commission are not entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation. Existing law requires the commission to issue an annual State of Hate report to the Governor and Legislature by July 1 of each year that describes the activities from the previous year and the recommendations for the following year. Existing law requires that report to include prescribed information, including a comprehensive accounting of hate crime activity statewide and relevant hate crime trends and statistics. Existing law requires the first annual report to be made available by July 1, 2023.For the annual report due by July 1, 2024, and July 1, 2025, the bill would instead require the commission to include that above-described information in the report only to the extent that specified information is available. For any annual report due by and after July 1, 2026, the bill would instead require the commission to include that above-described information.(4) Existing law, the California Youth Empowerment Act, establishes the California Youth Empowerment Commission within the state government to advise on providing meaningful opportunities for civic engagement to improve the quality of life for Californias disconnected and disadvantaged youth. Existing law establishes the Office of Planning and Research within the Governors office, and sets forth its powers and duties.This bill would place the commission within the Office of Planning and Research. The bill would make conforming changes.Existing law requires the commission, on or before January 1, 2024, and annually thereafter, to publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission.This bill would instead require the commission to publish the first annual report on or before May 30, 2025.Existing law requires the Governor to appoint an executive director of the commission to, among other duties, assist the commission in carrying out its work and hire commission staff, including hiring deputy directors.This bill would delete the duty to hire deputy directors from the executive directors duties.Under existing law, these provisions are to be implemented only if funds are made available in the budget or through gifts and grants.This bill would instead specify that these provisions are to be implemented upon appropriation by the Legislature.Existing law repeals these provisions on January 1, 2027.This bill would instead repeal them on January 1, 2030.(5) Existing law establishes an Office of Health Equity in the State Department of Public Health for purposes of aligning state resources, decisionmaking, and programs to accomplish certain goals related to health equity and protecting vulnerable communities. Existing law requires the office to develop departmentwide plans to close the gaps in health status and access to care among the states diverse racial and ethnic communities, women, persons with disabilities, and the lesbian, gay, bisexual, transgender, queer, and questioning communities, as specified. Existing law requires the office to work with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts by, among other things, prioritizing building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity.Existing law establishes the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies. Existing law requires the task force to submit a written report of its findings and recommendations to the Legislature.This bill, until January 1, 2030, would establish in state government a Racial Equity Commission. The bill would require the commission to be staffed by the Office of Planning and Research. The bill would require the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California. The bill would require the commission to prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity and to submit that report, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature, as specified. (6) Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist. That act provides that the California Emergency Relief Fund is created as a special fund in the State Treasury to provide emergency resources or relief relating to state of emergency declarations proclaimed by the Governor.This bill would authorize the Department of Finance to transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(7) Existing law, the Dixon-Zenovich-Maddy California Arts Act of 1975, establishes the Arts Council, consisting of 11 appointed members, and sets forth its powers and duties, including providing for the exhibition of art works in public buildings throughout California.This bill would require, upon appropriation by the Legislature, the Arts Council to establish the California Creative Economy Workgroup to develop a strategic plan for the California creative economy. The bill would provide for the membership of the workgroup and require the workgroup to, among other things, collect and analyze data on the state of the California creative economy. The bill would require the workgroup to publish a report detailing the findings and recommendations of the workgroup on the councils website, and submit the report to the appropriate committees of the Legislature by June 30, 2025. The bill would authorize the council to enter into a contract with a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report, as specified. The bill would repeal these provisions on July 1, 2025.(8) Existing law requires the Department of General Services, when authorized to sell or otherwise dispose of lands declared excess by a state agency and the department determines that the use of the land is not needed by any other state agency, to sell or otherwise dispose of the land in accordance with specified requirements. Existing law requires the net proceeds received from any real property disposition pursuant to those provisions to be paid to the Deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds issued pursuant to the Economic Recovery Bond Act are retired, and, thereafter, to be deposited in the Special Fund for Economic Uncertainties. Notwithstanding that requirement, existing law requires the department to deposit into the General Fund the net proceeds of a lease entered into pursuant to certain provisions after specified deductions are made.This bill would authorize the department to deposit some or all of the net proceeds from the above-described real property dispositions into the Property Acquisition Law Money Account to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, as defined. The bill would exempt those deposits necessary to maintain the operating reserve from the above-described requirement to deposit the net proceeds of leases into the General Fund.Existing law authorizes the department, with the consent of the state agency concerned, to let for a period not to exceed 5 years any real or personal property that belongs to the state if the director deems it to be in the best interest of the state. Existing law requires any money received pursuant to those provisions to be deposited in the Property Acquisition Law Money Account, and makes those funds available upon appropriation by the Legislature.This bill would exempt funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing from the requirement that the funds be made available upon appropriation by the Legislature.(9) Existing law establishes the Department of Technology within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. Existing law requires an entity within the executive branch that is under the direct authority of the Governor to implement the policies and procedures issued by the office and authorizes the office to conduct, or require to be conducted, an independent security assessment of every state agency, department, or office, as specified.Existing law requires state agencies not covered by those above-described provisions to adopt and implement information security and privacy policies, standards, and procedures based upon standards issued by the National Institute of Standards and Technology and the Federal Information Processing Standards, as specified. Existing law requires these state agencies to certify, by February 1 annually, to the President pro Tempore of the Senate and the Speaker of the Assembly that the agency is in compliance with all adopted policies, standards, and procedures and to include a plan of action and milestones, as specified. Existing law requires the certifications to be kept confidential and requires the President pro Tempore of the Senate and the Speaker of the Assembly to consult with these state agencies on how to ensure confidentiality of the certifications and to determine the form required for certification.This bill would delete the above-described consultation requirements and would impose various security requirements, including, among others, restricting the transfer and storage methods of the certifications to electronic means. The bill would instead require these state agencies to submit the certifications to the Office of Information Security and would require the office to develop a form for this purpose. The bill would authorize the office to make recommendations and offer assistance to a state agency on completing the above-described plan of action and milestones, as specified. The bill would require the office to review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 annually thereafter, to the appropriate legislative committees and the Legislative Analysts Office. The bill would authorize a state agency, in lieu of complying with specified provisions, to instead annually submit a declaration to the Chief of the Office of Information Security, by January 15, confirming that the state agency is in compliance with those above-described provisions that apply to entities within the executive branch that is under the direct authority of the Governor. Because this declaration would be made under penalty of perjury, the bill would expand the crime of perjury, thereby imposing a state-mandated local program.(10) Existing law establishes, within the Department of Technology, the Office of Broadband and Digital Literacy and requires the office, consistent with the appropriation in the Budget Act of 2021, to oversee the acquisition and management of contracts for the development and construction of, and for the maintenance and operation of, a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the broadband network to facilitate high-speed broadband service, as specified. Existing law requires the office, where feasible, to consider a term of access to dark fiber for no less than a 20-year indefeasible right to use and to consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.This bill would, where available, authorize the Office of Broadband and Digital Literacy to enter into an agreement for the indefeasible right-to-use fiber only if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built under the authority of the office. The bill would, upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to these provisions, require the department within 60 days to update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts.Existing law creates the Department of Technology Services Revolving Fund within the State Treasury to receive all revenues from the sale of technology or specified technology services, for other services rendered by the Department of Technology, and all other moneys properly credited to the Department of Technology and to be used, upon appropriation by the Legislature, for specified purposes with respect to the administration of the Department of Technology.This bill would create the State Middle-Mile Broadband Enterprise Fund. The bill would require internet service providers, governmental entities, and other users of the statewide open-access middle-mile broadband network to pay the Department of Technology fees for connection to the statewide open-access middle-mile broadband network, as provided. The bill would also require all revenues payable to the Department of Technology for activities undertaken for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network to be deposited in the fund. The bill, until July 1, 2027, would continuously appropriate moneys in the fund to the Department of Technology for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network, thereby making an appropriation. On or after July 1, 2027, moneys in the fund are available for expenditure upon appropriation by the Legislature.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Public Housing Account and the Federal Funding Account. Under existing law, of the $2,000,000,000 appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission is required to allocate $1,000,000,000 for projects in rural counties and $1,000,000,000 for projects in urban counties, as specified. Existing law, until June 30, 2023, authorizes applicants to apply for and encumber specified allocated moneys for last-mile broadband projects, and would provide that any moneys not allocated pursuant to prescribed provisions shall be made available to the commission for the construction of last-mile broadband infrastructure anywhere in the state.This bill would require the commission to prioritize grants from the Broadband Public Housing Account to existing publicly supported housing developments that have not yet received a grant from the account and do not have access to free broadband internet service onsite. The bill would change the time period for applicants to apply for and encumber specified allocated moneys described above from June 30, 2023, to September 30, 2024.(11) Existing law establishes the Made in California Program within the Governors Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a Made in U.S.A. label, as provided.This bill would remove the requirement that a company establish that the finished product could lawfully use a Made in U.S.A. label in order to be eligible under the program.Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.This bill would remove the requirement that the certification described above be a qualified third-party certification.Existing law requires the office to report to the Legislature on January 1 each year regarding the offices expenditures, progress, and ongoing priorities with the program.This bill would change the reporting date to February 15 of each year and would additionally require the report described above to include, among other things, the number of companies registered for the Made in California label and any other information about the program that the office deems appropriate.(12) Existing law establishes the Governors Office of Business and Economic Development, also known as GO-Biz, to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law prescribes the duties and functions of the Director of the Governors Office of Business and Economic Development.Existing law establishes the California Office of the Small Business Advocate (CalOSBA) within GO-Biz to serve as the principal advocate on behalf of small businesses, including to represent the views and interests of small businesses, among other duties. Existing law establishes various grant programs within CalOSBA.Chapter 74 of the Statutes of 2021 created, and Chapter 68 of the Statutes of 2022 subsequently amended, the California Venues Grant Program within CalOSBA to provide grants, subject to appropriation by the Legislature, to certain independent live events that have been affected by COVID-19 in order to support their continued operation, as specified. The program was repealed on December 31, 2022.This bill would reenact the program and would repeal it on June 30, 2024.Existing law establishes, upon appropriation by the Legislature, the California Regional Initiative for Social Enterprises Program within CalOSBA to provide financial and technical assistance to employment social enterprises for purposes of accelerating economic mobility and inclusion for individuals who experience employment barriers. Existing law requires CalOSBA to administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents through June 30, 2024.This bill would remove the disbursement end date mentioned above.Existing law establishes the California Nonprofit Performing Arts Grant Program within CalOSBA for the purpose of providing grants to eligible nonprofit performing arts organizations, as defined, to encourage workforce development. Existing law repeals the program on June 30, 2023.Existing law establishes the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants, in accordance with specified criteria, including geographic distribution based on COVID-19 restrictions, industry sectors most impacted by the pandemic, and underserved small businesses. Existing law repeals the program on January 1, 2024.Existing law establishes the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program within GO-Biz and implemented by CalOSBA to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. Existing law repeals the program on January 1, 2024.This bill would extend the repeal dates of the California Nonprofit Performing Arts Grant Program, the California Small Business COVID-19 Relief Grant Program, and the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to June 30, 2024.Existing law establishes, until June 30, 2023, the California Microbusiness COVID-19 Relief Grant Program within CalOSBA to assist qualified microbusinesses, as defined and certified under penalty of perjury, that have been significantly impacted by the COVID-19 pandemic, as provided. Existing law requires CalOSBA to administer a request for proposal in no more than 2 rounds for a specified period of time per round for eligible grantmaking entities, defined as a county or consortium of nonprofit, community-based organizations, as specified, and, subject to appropriation by the Legislature, requires a grantmaking entity that receives an allocation to administer a county program to, among other things, award individual grants to qualified microbusinesses.This bill would extend the repeal date of the California Microbusiness COVID-19 Relief Grant Program to June 30, 2024, and make conforming changes. By extending a program that requires qualified microbusinesses to make specified certifications under penalty of perjury, the bill would expand the scope of the crime of perjury and would thereby impose a state-mandated local program.(13) Existing law, until January 1, 2025, establishes the California Small Agricultural Business Drought Relief Grant Program in the Office of the Small Business Advocate, under the authority of its director, to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions, as prescribed. Existing law requires the office to allocate grants to qualified small agricultural businesses that meet the requirements of the program, upon appropriation of grant funds by the Legislature. Existing law defines a qualified small business for these purposes to mean a small business that meets specified criteria, including that the small business 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 and has been affected by severe drought according to the United States Department of Agriculture drought monitor. Existing law requires the office to report to the Legislature, on or before December 31, 2024, on the number of grants and dollar amounts awarded for specified categories.This bill would rename the program as the California Small Agricultural Business Drought and Flood Relief Grant Program and would extend the program until January 1, 2027. The bill would expand the purpose of the program to additionally provide grants to qualified small agricultural businesses that have been affected by flood conditions. The bill would prescribe how program grant funds are to be allocated in the Budget Act of 2022 related to drought impacts and how those funds are to be allocated in the Budget Act of 2023 related to storm flooding impacts. The bill would update the definition of a qualified small business for these purposes to require that the small business be domiciled in California with 100 or fewer in the 2022 and 2023 taxable years. The bill would expand the definition of a qualified small business to include a small business that is within or serves a county that has a state or federal disaster declaration for flooding. The bill would authorize the office to amend an existing contract with a fiscal agent to meet the requirements of the bills provisions, and would also authorize applicants to apply for relief grants under these provisions. The bill would require the office to report to the Legislature, on or before December 31, 2026, on the number of grants and dollar amounts awarded for specified categories. The bill would also make various conforming changes.(14) Existing law, the Financial Information System for California (FISCal) Act, requires the Department of Finance, the Controller, the Department of General Services, and the Treasurer to collaboratively develop, implement, and utilize a single integrated financial management system for the state, as prescribed. To facilitate the transition of the states accounting book of record, existing law requires, on or before July 1, 2023, the Controller to provide the necessary system and interface requirements to the department to perform accounting functions and produce financial reports, as specified, and, on or before March 1, 2023, and with the department, to evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality.This bill would, instead, require the Controller to provide the above-described system and interface requirements and, with the department, evaluate and develop the above-described timeline on December 31, 2023, to facilitate the integration of the states accounting book of record by July 1, 2026.(15) Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law requires the office to develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in ZEV deployment.Existing law requires the equity action plan to include, among other things, recommendations on actionable steps and metrics to measure and improve access to ZEVs, infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities. Existing law also requires the office to assess progress towards the plan, as specified.This bill would instead require the equity action plan to include recommendations on actionable steps and metrics to measure and improve access to ZEVs, public and private charging infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership. The bill would also require the assessment of progress towards the equity action plan to include metrics tracking state and federal subsidies for ZEVs and different ownership structures for ZEVs.(16) Existing law creates the Attorney General antitrust account in the General Fund, which is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for refund of any money erroneously paid into the account. Money in the account is available for expenditure only upon appropriation by the Legislature in the annual Budget Bill and if at any time the account exceeds $3,000,000, the excess is required to be transferred to the unallocated funds within the General Fund.This bill would delete the requirement that amounts in excess of $3,000,000 be transferred to the General Fund.Existing law generally makes the Attorney General responsible for representing state agencies in litigation matters. Under existing law, revenues in the Litigation Deposits Fund are continuously appropriated to the Department of Justice for litigation purposes. Existing law establishes the Legal Services Revolving Fund and requires state agency payments for legal services rendered by the Attorney General to be deposited therein. Existing law authorizes the Attorney General to expend the money in the Legal Services Revolving Fund, upon appropriation by the Legislature, for litigation activities. Existing law authorizes the Department of Justice to expend revenues transferred to the Legal Services Revolving Fund from the Litigation Deposits Fund only if approved by the Department of Finance.Existing law requires the Department of Justice to prepare and submit to specified individuals quarterly reports concerning the activity of the Litigation Deposits Fund that detail the number of deposits received, the receipt of interest income, disbursements to claimants, and the amount used for litigation costs of the department.This bill would, commencing July 1, 2023, require the Department of Justice to transfer deposited funds, with certain exceptions, to the General Fund or a state special fund subject to legislative oversight no later than 3 months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. The bill would require the Department of Justice to transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.The bill would require the Department of Justice to provide specified information with the quarterly reports concerning the activity of the Litigation Deposits Fund, including the number of new deposits received as of the prior report, the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case.(17) Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds. Existing law authorizes tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. Existing law requires the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.This bill would instead require that the planning and construction of the monument be funded exclusively through private funding from the tribal nations in the Sacramento, California region, and require the Department of General Services to be responsible for regular maintenance of the monument, as specified.(18) Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.Existing law establishes the Department of General Services within the Government Operations Agency and requires it to perform various functions and duties with respect to property within the state, including assisting in the development of permanent supportive housing and emergency shelters.This bill would authorize the Department of General Services to assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, as defined, in prescribed cities and counties if the political subdivision has declared a shelter crisis. The bill would limit the authority granted under the bill to the delivery of up to 1,200 emergency sleeping cabins. The bill would require the Department of General Services to execute a prescribed written transfer agreement with the political subdivision. The bill would authorize the department, in providing assistance to political subdivisions, to utilize any delivery method it deems appropriate and advantageous. The bill would further authorize the department to carry out a project on real property that is not owned by the state, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins. The bill would exempt work performed by the Department of General Services under the bill from specified laws and regulations, including provisions relating to public contracts, state building standards, and, with certain exceptions, the California Environmental Quality Act. These provisions would be repealed as of January 1, 2025.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(19) Existing law establishes the Office of Tax Appeals, and requires the office to publish a written opinion for each appeal decided by each tax appeals panel, as described. Existing law also requires the office to adopt regulations as necessary or appropriate to carry out the purposes of the office. Existing law, the Administrative Procedure Act, generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law exempts any standard, criterion, procedure, determination, rule, notice, or guideline established by the office from the requirements of the APA. This bill would restate the existing exemption from the Administrative Procedure Act to instead apply to any policy, procedure, notice, or guideline issued by the office. The bill would also exempt any final written opinion published by office from the requirements of the Administrative Procedure Act. The bill would authorize the office to designate any published written opinion as precedential in any matter or proceeding before the office, unless overruled, superseded, or otherwise designated nonprecedential by the office. The bill would declare that the designation of an opinion as precedential is not a rulemaking within the meaning of the Administrative Procedure Act.(20) Existing law establishes the Litigation Deposits Fund, under the control of the Department of Justice and consisting of moneys received by the state as litigation deposits, as specified. Existing law authorizes the Controller to use money in the fund for cashflow loans to the General Fund, as specified.This bill would authorize the Department of Finance to authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process, as specified.(21) Existing law authorizes the Adjutant General and the Military Department to establish support programs and educational programs for the benefit of the Military Department and its soldiers, airmen, and cadets, and their family members. Existing law establishes the California Military Department Support Fund to support those programs. Existing law also establishes the California National Guard Military Family Relief Fund as an account within the California Military Department Support Fund for the purpose of providing financial aid grants to eligible members of the California National Guard who are California residents and who have been called to active duty.This bill would repeal the California National Guard Military Family Relief Fund and deposit all remaining moneys from the fund into the California Military Department Support Fund. The bill would also remove the aid grant program funded by the California National Guard Military Family Relief Fund.(22) Existing law allows the Adjutant General of the Military Department to lease or authorize the use of armories that are built or acquired by the state and requires all revenues to be deposited in the Armory Discretionary Improvement Account.This bill would establish the Army Facilities Agreement Program Income Fund. The bill would require revenue received from nonfederal tenants use of Military Department facilities to be deposited into the fund, and upon appropriation by the Legislature, made available for maintenance of Army National Guard facilities.(23) Under existing law, the Department of Parks and Recreation controls the state park system. Existing law provides that the General Fund consists of money received into the State Treasury not required by law to be credited to any other fund.This bill would create the Southeast Los Angeles Cultural Center Development Advisory Panel to provide advice to the state and the County of Los Angeles in the development of the Southeast Los Angeles Cultural Center. The bill would require the department to convene the panel within 60 days of completion of appointments to the panel. The bill would require the panel to be chaired by the Director of Parks and Recreation and would authorize the county supervisor of southeast Los Angeles for the 4th supervisorial district to cochair the panel, as provided. The bill would require the Secretary of the Natural Resources Agency, and would authorize the county supervisor, to appoint 9 panel members, as provided. The bill would require the panel to, among other things, by January 1, 2027, develop a recommended operations plan for the Southeast Los Angeles Cultural Center, which shall not include a commitment of ongoing state resources for operation and maintenance.The bill would make these provisions inoperative on July 1, 2032, and would repeal them as of January 1, 2033.This bill would make legislative findings and declarations as to the necessity of a special statute for the southeast Los Angeles region.(24) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Office of Planning and Research in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency.This bill would exempt from CEQA the actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to CEQA or by a tribe pursuant to an alternative process or program implemented by the tribe for evaluating environmental impacts.(25) Existing law establishes the Community Resilience Center Program, administered by the Strategic Growth Council in coordination with the Office of Planning and Research, to provide funding for the construction of new, or the retrofitting of existing, facilities that will serve as community resilience centers, as specified. Existing law authorizes the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain provisions that authorize specified state departments and authorities to make advance payments to community-based private nonprofit agencies under certain circumstances and subject to certain requirements.This bill would instead authorize the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain other provisions that authorize state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met and subject to certain requirements.This bill would make these provisions inoperative on July 1, 2025, and would repeal them as of January 1, 2026.(26) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(27) 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: YES Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.99.32 of the Civil Code is amended to read:1798.99.32. (a) The California Childrens Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.(b) Working group members shall consist of Californians with expertise in at least two of the following areas:(1) Childrens data privacy.(2) Physical health.(3) Mental health and well-being.(4) Computer science.(5) Childrens rights.(c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:(1) Two appointees by the Governor.(2) Two appointees by the President Pro Tempore of the Senate.(3) Two appointees by the Speaker of the Assembly.(4) Two appointees by the Attorney General.(5) One appointee by the California Privacy Protection Agency.(d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:(1) Identifying online services, products, or features likely to be accessed by children.(2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.(3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.(4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.(5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.(6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.(e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).(f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.(g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.(h) This section shall remain in effect until January 1, 2030, and as of that date is repealed.SEC. 2. Section 7903 of the Government Code is amended to read:7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) Sexually transmitted disease prevention and control activities (Section 120511 of the Health and Safety Code).(E) Support for vital public health activities (Article 7 (commencing with Section 101320) of Chapter 3 of Part 3 of Division 101 of the Health and Safety Code).(F) County administration for Medi-Cal eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified precare and postcare services for individuals treated in short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental health plan costs for Continuum of Care Reform (Sections 4096.5 and 11462.01 of the Welfare and Institutions Code).(N) Mobile crisis services (Section 14132.57 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Funds distributed from the Mental Health Services Fund pursuant to Section 5892 of the Welfare and Institutions Code.(Q) Drug Medi-Cal organized delivery system, excluding Narcotic Treatment Program services (Section 14184.401 of the Welfare and Institutions Code).(R) Drug Medi-Cal, excluding Narcotic Treatment Program services (Section 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022).(T) Mental Health Student Services Act partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program (Chapter 25 of the Statutes of 2016 (Assembly Bill No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey (Executive Order No. N-32-20 and Item 5180-151-0001 of the Budget Act of 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item 5180-493 of the Budget Act of 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of 2022).(AE) Adult Protective Services (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code).(AF) Adult corrections and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections planning and grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Title 10.2 (commencing with Section 14130) of the Penal Code, Chapter 337 of the Statutes of 2020 (Senate Bill No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of 2021).(AK) Department of Cannabis Control grant (Item 1115-101-0001 of the Budget Act of 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural land burning in San Joaquin Valley (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for fire and rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment resolution grants (Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Sections 50675.1.1 to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) No later than February 1 of each year, the Department of Finance shall do both of the following:(A) Calculate for each local agency the individual subvention amounts for each program listed in paragraph (1) of subdivision (b).(B) Provide the information described in subparagraph (A) to the California State Association of Counties and the League of California Cities for distribution to local agencies.(2) Local agencies shall utilize the amounts calculated by the Department of Finance and provided to them pursuant to this subdivision for purposes of Article XIIIB of the California Constitution and this division.(d) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(e) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code.SEC. 3. Section 8010 of the Government Code is amended to read:8010. (a) There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows:(1) Five members appointed by the Governor.(2) Two members appointed by the Speaker of the Assembly.(3) Two members appointed by the Senate Committee on Rules.(b) Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information, including and especially persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities.(c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:(1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.(2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years.(d) The members shall elect one of their number to serve as chairperson of the commission.(e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.(2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the states diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.(f) (1) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties.(2) The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(3) The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(g) Members of the commission may select representatives to attend commission activities if they are unable to attend.(h) (1) A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses.(2) Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.(i) The commission shall have the following goals:(1) Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime.(2) Engage in fact finding, data collection, and the production of annual reports on the state of hate and hate-related crimes.(3) Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime.(4) Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following:(A) Promote intersocial education designed to foster mutual respect and understanding among Californias diverse population.(B) Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance.(C) Advise on related matters periodically.(j) The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts.(k) Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023.(1) For the Annual State of Hate Commission Report that is due by and after July 1, 2026, the commission shall prepare a report that includes all of the following:(A) A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics.(B) Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes.(C) Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes.(D) Recommendations for actions to be taken by communities that will help respond to and reduce instances of hate crimes.(E) Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes.(2) For the Annual State of Hate Commission Report that is due by July 1, 2024, and July 1, 2025, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available.(3) For purposes of this subdivision, hate crime has the same meaning as defined in Section 422.55 of the Penal Code.(4) Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual.(l) Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023.(m) All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795.(n) In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant law.(o) The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following:(1) Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(2) Federal grant programs.SEC. 4. Section 8263 of the Government Code is amended to read:8263. (a) There is in the Office of Planning and Research the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows:(1) Eleven public members appointed by the Governor, subject to the following requirements:(A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor.(B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner.(C) Five of the commissioners shall be between 14 to 18 years of age.(D) Five of the commissioners shall be between 18 to 25 years of age.(E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration.(F) One at-large commissioner, who may be between 14 to 25 years of age.(2) One at-large public member appointed by the Senate Committee on Rules.(3) One at-large public member appointed by the Speaker of the Assembly.(4) The Governor may appoint alternates for those described in paragraph (1).(b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows:(1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba.(2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity.(3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco.(4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne.(5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura.(6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare.(7) The Inland Empire region consists of the Counties of Riverside and San Bernardino.(8) The Los Angeles region consists of the County of Los Angeles.(9) The Orange County region consists of the County of Orange.(10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego.(c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission.(d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of Californias youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives.SEC. 5. Section 8270 of the Government Code is amended to read:8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before August 2023, or not later than eight months after funding is made available for this purpose.SEC. 6. Section 8272 of the Government Code is amended to read:8272. The commission shall do the following:(a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California.(b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following:(1) Achievement gap.(2) Behavioral and physical health.(3) Bullying.(4) Career preparation.(5) Child welfare.(6) Child and sexual abuse.(7) Civic engagement.(8) Climate crisis.(9) College affordability and student loans.(10) Depression and suicide.(11) Education.(12) Employment.(13) Financial literacy.(14) Foster care.(15) Gun violence.(16) Health care.(17) Homelessness.(18) Housing and transportation.(19) Immigration and undocumented youth.(20) Juvenile justice.(21) Labor and jobs.(22) LGBTQ civil rights.(23) Mental health.(24) Poverty.(25) Racial, economic, and gender equity.(26) Reproductive justice.(27) Safety.(28) Social media and networking.(29) Substance abuse and vaping.(30) Youth development.(31) Any other policy or fiscal issues deemed appropriate by the commission.(c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth.(d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video.(e) On or before May 30, 2025, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795.SEC. 7. Section 8274 of the Government Code is amended to read:8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following:(a) Assist the commission in carrying out its work.(b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated.(c) Be responsible for the management and administration of the commission staff.(d) Perform other duties as directed by the commission.SEC. 8. Section 8275 of the Government Code is amended to read:8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter.(b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission.(c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commissions dependence on state funding.(d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission.(e) This chapter shall be implemented upon appropriation by the Legislature.SEC. 9. Section 8276 of the Government Code is amended to read:8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 10. Chapter 4.6 (commencing with Section 8303) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 4.6. Racial Equity Commission8303. As used in this chapter:(a) Commission means the Racial Equity Commission established pursuant to Section 8303.1.(b) Racial equity means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups.(c) Structural racism means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups.8303.1. (a) There is established in state government a Racial Equity Commission, within the Office of Planning and Research.(b) The commission shall consist of 11 members who are residents of California. Of the members of the commission, seven members shall be appointed by the Governor, two shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Speaker of the Assembly.(c) Members of the commission shall be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment.(d) (1) A person appointed to the commission shall have demonstrated expertise and meet criteria in at least one of the following areas:(A) Analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities.(B) Developing or using data or budget equity assessment tools.(C) Providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes.(D) Be a member of, or represent an equity-focused organization who works with, an impacted community whose lived experience will inform the work of the office, including, but not limited to, members of the disability, immigrant, womens, and LGBTQ communities.(2) Appointing authorities shall consider the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of the state so that the commission reflects the communities of California.(3) Commission members shall serve without compensation, but they may be reimbursed for actual, preapproved expenses incurred in connection with their duties.(e) The commission shall be staffed by the Office of Planning and Research.(f) The commission shall have all of the following powers and authority:(1) To hold hearings, make and sign agreements, and to perform acts necessary to carry out the purposes of this chapter.(2) (A) To engage with advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for projects of the commission.(B) Section 11009 applies to advisers or advisory committees described in this paragraph.(3) To accept any federal funds granted by act of Congress or by executive order for the purposes of this chapter.(4) To accept any gifts, donations, grants, or bequests for the purposes of this chapter.8303.3. (a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following:(1) (A) In consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The final Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April 1, 2025, and posted to the commissions internet website.(B) The Racial Equity Framework shall set forth all of the following:(i) Methodologies and tools that can be employed to advance racial equity and address structural racism in California.(ii) Budget methodologies, including equity assessment tools, that entities can use to analyze how budget allocations benefit or burden communities of color.(iii) Processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including disaggregation by race, ethnicity, sexual orientation and gender identity, disability, income, veteran status, or other key demographic variables and the use of proxies.(iv) Input and feedback from stakeholder engagements.(2) Upon request by an agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework.(3) Engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commissions work, as described.(4) Engage, collaborate, and consult with policy experts in order to conduct analyses and develop tools, including building on and collaborating with existing bodies, as appropriate.(5) Promote the ongoing, equitable delivery of benefits and opportunities by doing both of the following:(A) Upon request, providing technical assistance to local government entities engaging in racial equity programming.(B) Encouraging the formation and implementation of racial equity initiatives in local government entities, including cities and counties.(b) (1) The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity. The report shall be submitted, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature and shall be posted publicly on the internet website of the commission.(2) A report submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795.8303.5. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) This chapter shall become inoperative on January 1, 2030, and as of that date is repealed.SEC. 11. Section 8654.2 of the Government Code, as added by Section 1 of Chapter 3 of the Statutes of 2022, is amended and renumbered to read:8654.1.5. (a) There is hereby created the California Emergency Relief Fund as a special fund in the State Treasury. This fund is established to provide emergency resources or relief relating to state of emergency declarations by the Governor.(b) The Department of Finance may transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(c) The sum of one hundred fifty million dollars ($150,000,000) is hereby transferred from the General Fund to the California Emergency Relief Fund for purposes relating to the COVID-19 emergency proclaimed by the Governor on March 4, 2020.(d) For the purposes of providing emergency relief to small business impacted by the COVID-19 pandemic, one hundred fifty million dollars ($150,000,000) from the California Emergency Relief Fund is appropriated to the Office of Small Business Advocate within the Governors Office of Business and Economic Development for a closed round to fund small business grant applications waitlisted from previous rounds of the California Small Business COVID-19 Relief Grant Program (Article 8 (commencing with Section 12100.80) of Chapter 1.6 of Part 2 of Division 3).SEC. 12. Chapter 9.4 (commencing with Section 8759) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 9.4. California Creative Economy Workgroup8759. For purposes of this chapter, the following definitions apply:(a) Council means the Arts Council, as described in Section 8751.(b) Director means the director of the Arts Council, as described in Section 8754.(c) Workgroup means the California Creative Economy Workgroup.8759.1. (a) (1) The council shall establish the California Creative Economy Workgroup, upon appropriation by the Legislature, to develop a strategic plan for the California creative economy, with members as provided in this section.(2) Funds appropriated by the Legislature pursuant to this chapter shall be available for expenditure until July 1, 2025.(b) The director, or their designee, shall serve as chair of the workgroup.(c) The director, or their designee, shall invite the following entities to formally participate in the workgroup:(1) A county representative identified by the California State Association of Counties with experience in county arts and cultural affairs.(2) A city representative identified by the League of California Cities with experience in city arts and cultural affairs.(3) Five representatives from the California arts community, including, but not limited to, the following sectors:(A) Film, television, and video production.(B) Recorded audio and music production.(C) Animation production.(D) Video game development.(E) Live theater, orchestra, ballet, and opera.(F) Live music performance.(G) Visual arts, including sculpture, painting, graphic design, and photography.(H) Production facilities, including film and television studios.(I) Live music or performing arts venues.(4) A representative from a California public institution of higher education or nonprofit research institution with experience in matters involving small businesses or cultural arts, or both.(5) The Director of the Governors Office of Business and Economic Development, or their designee.(6) The Secretary of Labor and Workforce Development, or their designee.(7) Two ex officio, nonvoting members, who shall be Members of the Assembly and be appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the Speaker of the Assembly and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(8) Two ex officio, nonvoting members, who shall be Senators and be appointed by the Senate Rules Committee. These members shall serve at the pleasure of the Senate Rules Committee and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(9) A representative of a federally recognized Indian tribe.(10) Any other state agency representatives or stakeholder group representatives, at the discretion of the director or their designee.8759.2. The workgroup shall do all of the following:(a) Collect and analyze data on the state of the California creative economy.(b) (1) Develop a strategic plan to improve the competitiveness of the California creative economy with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan shall be structured to roll out in incremental phases to support the creative economy at large, including specific strategies to reach historically marginalized communities, and incorporate the diverse interests, strengths, and needs of Californians.(2) In developing the strategic plan for the California creative economy, the workgroup shall do all of the following:(A) Identify existing studies of aspects affecting the creative economy, including, but not limited to, studies relating to tax issues, legislation, finance, population and demographics, and employment.(B) Conduct a comparative analysis with other jurisdictions, including other states, that have successfully developed creative economy plans and programs.(C) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Californias creative economy.(D) Evaluate existing state and county tax incentives, grant programs, and government initiatives to make recommendations for improvements to support the creative economy.(E) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy.(F) Identify geographic areas with the least amount of access or opportunity for a creative economy.(G) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.(H) Identify opportunities for earn and learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated interest in creative work in their communities.(I) Identify existing initiatives and projects that can be used as models for earn and learn opportunities or as examples of best practices that can be replicated statewide or in different regions.(c) (1) Notwithstanding Section 10231.5, publish a report detailing the findings and recommendations of the workgroup on the councils internet website, and submit the report to the appropriate committees of the Legislature by June 30, 2025.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.8759.3. (a) (1) The council may use funding, upon appropriation by the Legislature, to support the activities of the workgroup, including entering into a contract with a nonprofit organization and covering administrative expenses of the workgroup.(2) The director, or their designee, may, after issuing a request for proposals, designate a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report pursuant to Section 8759.2.(b) A nonprofit organization contracted by the council shall have experience conducting business in professional arts, or experience in business development and drafting business plans and multidisciplinary planning documents.8759.4. This chapter shall remain in effect only until July 1, 2025, and as of that date is repealed.SEC. 13. Section 11011 of the Government Code is amended to read:11011. (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, but not be limited to, the following:(1) Land not currently being utilized, or currently being underutilized, by the state agency for any existing or ongoing state program.(2) Land for which the state agency has not identified any specific utilization relative to future programmatic needs.(3) Land not identified by the state agency within its master plans for facility development.(b) Jurisdiction of all land reported as excess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by law.(c) The Department of General Services shall report to the Legislature annually, the land declared excess and request authorization to dispose of the land by sale or otherwise.(d) The Department of General Services shall review and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code before recommending or taking any action on surplus land, and shall also circulate the reports to all state agencies that are required to report excess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may give priority to proposals by the state that involve the exchange of surplus lands for lands listed in those reports.(e) Except as otherwise provided by any other law, whenever any land is reported as excess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by any other state agency. If the Department of General Services determines that any land is needed by any other state agency it may transfer the jurisdiction of this land to the other state agency upon the terms and conditions as it may deem to be for the best interests of the state.(f) When authority is granted for the sale or other disposition of lands declared excess, and the Department of General Services has determined that the use of the land is not needed by any other state agency, the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon any terms and conditions and subject to any reservations and exceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Legislature annually, with respect to each parcel of land authorized to be sold under this section, giving the following information:(1) A description or other identification of the property.(2) The date of authorization.(3) With regard to each parcel sold after the next preceding report, the date of sale and price received, or the value of the land received in exchange.(4) The present status of the property, if not sold or otherwise disposed of at the time of the report.(g) (1) (A) Except as otherwise specified by law, the net proceeds received from any real property disposition, including the sale, lease, exchange, or other means, that is received pursuant to this section shall be paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, as approved by the voters at the March 2, 2004, statewide primary election, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. Thereafter, the net proceeds received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties.(B) Notwithstanding subparagraph (A), the department may deposit some or all of the net proceeds into the Property Acquisition Law Money Account for the purposes of maintaining an operating reserve sufficient to continue redeveloping excess state properties as affordable housing.(2) For purposes of this section, net proceeds shall be defined as proceeds less any outstanding loans from the General Fund, or outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred before June 30, 2005, related to the management of the states real property assets, including, but not limited to, surplus property identification, legal research, feasibility statistics, activities associated with land use, and due diligence.(3) For the purposes of this section, an operating reserve sufficient to continue redeveloping excess state properties as affordable housing means an amount not to exceed three years of operating costs to redevelop excess state properties as affordable housing.(h) The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account, which is hereby created in the State Treasury, for the purposes of supporting the management of the states real property assets.(i) Any rentals or other revenues received by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation by the Legislature.(j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of any state lands pursuant to any law now or hereafter enacted authorizing the sale, letting, or disposition.(k) (1) The disposition of a parcel of surplus state real property, pursuant to Section 11011.1, made on an as is basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) If the disposition of a parcel of surplus state real property, pursuant to Section 11011.1, is not made on an as is basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with Section 21000) of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.(3) For purposes of this subdivision, disposition means the sale, exchange, sale combined with an exchange, or transfer of a parcel of surplus state property.SEC. 14. Section 11011.2 of the Government Code is amended to read:11011.2. (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.(2) The Director of General Services may not lease any of the following real property pursuant to this section:(A) Tax-deeded land or lands under the jurisdiction of the State Lands Commission.(B) Land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons.(C) Lands under the jurisdiction of the State Coastal Conservancy or another state conservancy.(D) Lands under the jurisdiction of the Department of Transportation or the California State University system, or land owned by the Regents of the University of California.(E) Lands under the jurisdiction of the Department of Parks and Recreation.(F) Lands under the jurisdiction of the Department of Fish and Game.(3) A lease entered into pursuant to this section shall be set at the amount of the leases fair market value, as determined by the Director of General Services. The Director of General Services may determine the length of term or a use of the lease, and specify any other terms and conditions which are determined to be in the best interest of the state.(b) The Department of General Services may enter into a long-term lease of real property pursuant to this section that has outstanding lease revenue bonds and for which the real property cannot be disencumbered from the bonds, only if the issuer and trustee for the bonds approves the lease transaction, and this approval takes into consideration, among other things, that the proposed lease transaction does not breach a covenant or obligation of the issuer or trustee.(c) (1) All issuer- and trustee-related costs for reviewing a proposed lease transaction pursuant to this section, and all other costs of the lease transaction related to the defeasance or other retirement of any bonds, including the cost of nationally recognized bond counsel, shall be paid from the proceeds of that lease.(2) The Department of General Services shall be reimbursed for any reasonable costs or expenses incurred in conducting a transaction pursuant to this section.(3) Notwithstanding subdivision (g) of Section 11011, unless necessary to maintain the operating reserve referenced in that subdivision, the Department of General Services shall deposit into the General Fund the net proceeds of a lease entered into pursuant to this section, after deducting the amount of the reimbursement of costs incurred pursuant to this section or the reimbursement of adjustments to the General Fund loan made pursuant to Section 8 of Chapter 20 of the 200910 Fourth Extraordinary Session from the lease.(d) The Department of General Services shall transmit a report to each house of the Legislature on or before June 30, 2011, and on or before June 30 each year thereafter, listing every new lease that exceeds a period of five years entered into under the authority of this section and the following information regarding each listed lease:(1) Lease payments.(2) Length of the lease.(3) Identification of the leasing parties.(4) Identification of the leased property.(5) Any other information the Director of General Services determines should be included in the report to adequately describe the material provisions of the lease.SEC. 15. Section 11549.3 of the Government Code is amended to read:11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan.(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.(6) Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation.(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:(A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:(i) Personally identifiable information protected by law.(ii) Health information protected by law.(iii) Confidential financial data.(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:(I) Information asset management.(II) Risk management.(III) Information security program management.(IV) Information security incident management.(V) Technology recovery planning.(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.(f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following:(A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards:(i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications.(ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications.(iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications.(B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable.(2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time.(3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed.(4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones.(B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment.(C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive.(D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance.(E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analysts Office to further their oversight and budgetary responsibilities.(5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c).(6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University.(g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.(2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210.(h) The office may conduct or require to be conducted an audit of information security to ensure program compliance.(i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.(j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency.(2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency.(3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center.(4) For purposes of this subdivision, local educational agency means a school district, county office of education, charter school, or state special school.SEC. 16. Section 11549.57 of the Government Code is amended to read:11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies.(b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network.(c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use.(d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.(e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter.(f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network.SEC. 17. Section 11549.58 of the Government Code is amended to read:11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network.(b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor.(2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature.(c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network.(2) The broadband advisory committee shall comprise all of the following members:(A) A representative of the commission.(B) A representative of the department.(C) A representative of the Department of Transportation.(D) A representative of the Department of Finance.(E) A representative of the Government Operations Agency.(F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly.(G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules.(H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly.(I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee.(3) The representative of the department shall chair the broadband advisory committee.(d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter.(e) The third-party administrator shall seek policy advice from the broadband advisory committee.(f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following:(A) The total length of the statewide open-access middle-mile broadband network.(B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter.(C) The number of internet service providers using the statewide open-access middle-mile broadband network.(D) The number of households projected to connect to the statewide open-access middle-mile broadband network.(E) The total expenditures for each project, by quarter.(F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.(g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts.SEC. 18. Section 11549.59 is added to the Government Code, to read:11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter.(b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund.(c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund.(d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose.(2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter.(e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes.(2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes.(f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter.(g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations.SEC. 19. Section 11788.1 of the Government Code is amended to read:11788.1. (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this chapter.(2) In order to accelerate economic mobility and inclusion for individuals that experience employment barriers, the purpose of the program shall be to provide financial assistance and technical assistance to employment social enterprises.(b) (1) The office shall administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents.(2) The office shall designate at least one fiscal agent to administer the program in accordance with Sections 11788.2 and 11788.3.(3) In implementing the program, the office or fiscal agents shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of employment social enterprises in the state.SEC. 20. Section 11860 of the Government Code is amended to read:11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop enhancements to the system, utilize the system, and assist the department to maintain the system. This effort shall ensure best business practices by embracing opportunities to reengineer the states business processes and shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the department, a department or agency may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record by July 1, 2026, to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before December 31, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before December 31, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings.SEC. 21. Section 12098.10 of the Government Code is amended to read:12098.10. (a) The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.(2) For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.(2) The company filing the registration shall submit a certification at least once every three years that the product is made in accordance with this section.(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).(f) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive February 15, regarding all of the following:(A) Program expenditures.(B) Program progress.(C) The number of companies registered for the Made in California label.(D) The number of products registered for the Made in California label.(E) The program fees collected.(F) Ongoing priorities with the program.(G) Any other information about the program that the office deems appropriate.(2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.(h) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.(i) The Legislature finds and declares all of the following:(1) If successful, the Made in California Program should be nearly or completely financially self-sustaining in the long term.(2) It may take several years for the Made in California Program to demonstrate its value to businesses that make products in California.(3) If the number of companies and products registered for the Made in California Program does not significantly increase by 2028, the state should strongly consider ending the program.SEC. 22. Section 12100.83.5 is added to the Government Code, to read:12100.83.5. (a) The California Venues Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible independent live events that have been affected by COVID-19 in order to support their continued operation.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this section.(e) (1) Subject to appropriation by the Legislature, the office shall allocate grants to eligible independent live events that meet the requirements of this section.(2) Subject to appropriation by the Legislature, one hundred fifty million dollars ($150,000,000) shall be allocated in one or more rounds to eligible independent live events.(f) For purposes of this section, the following definitions apply:(1) Eligible venue means a venue with all of the following characteristics:(A) A defined performance and audience space.(B) Mixing equipment, a public address system, and a lighting rig.(C) Engages one or more individuals to carry out not less than two of the following roles:(i) A sound engineer.(ii) A booker.(iii) A promoter.(iv) A stage manager.(v) Security personnel.(vi) A box office manager.(D) Is one of the three highest revenue grossing entities, locations, or franchises associated with the applicant.(E) For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers.(2) Eligible independent live event means an entity that satisfies all of the following:(A) Is a sole proprietor, C-corporation, S-corporation, cooperative, limited liability company, partnership, limited partnership, or a registered 501(c)(3) nonprofit entity that satisfies the criteria defined in subparagraphs (B) through (F), inclusive, of paragraph (1) of subdivision (g) of Section 12100.82.(B) Is in any of the following North American Industry Classification System (NAICS) codes, clauses (i) to (xiv), inclusive, or National Taxonomy of Exempt Entities (NTEE) codes, clauses (xv) to (xxxi), inclusive:(i) 512131 - Motion Picture Theaters (except Drive-Ins).(ii) (I) 512132 - Drive-In Motion Picture Theaters.(II) An entity that qualifies under this clause shall be an authentic drive-in motion picture theater. For purposes of this clause, authentic drive-in motion picture theater means a permanently constructed commercial motion picture drive-in theater of which the main purpose of the property is the outdoor exhibition of motion pictures for patrons in vehicles using professional Digital Cinema Initiatives (DCI) compliant digital projectors or 35mm or 70mm film.(iii) 7111 Performing Arts Companies.(iv) 711110 - Theater Companies and Dinner Theaters.(v) 711120 Dance Companies.(vi) 711130 Musical Groups and Artists.(vii) 711211 Sports Teams and Clubs.(viii) 7113 - Promoters of Performing Arts, Sports, and Similar Events.(ix) 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities.(x) 711320 - Promoters of Performing Arts, Sports, and Similar Events without Facilities.(xi) 7139 Other Amusement and Recreation Industries.(xii) 713990 All Other Amusement and Recreation.(xiii) 722410 Drinking Places (Alcoholic Beverages).(xiv) 722511 Full-Service Restaurants.(xv) A20 Arts, Cultural Organizations - Multipurpose.(xvi) A23 Cultural, Ethnic Awareness.(xvii) A25 Arts Education.(xviii) A50 Museums.(xix) A54 History Museums.(xx) A56 Natural History, Natural Science Museums.(xxi) A60 Performing Arts Organizations.(xxii) A61 Performing Arts Centers.(xxiii) A62 Dance.(xxiv) A63 Ballet.(xxv) A65 Theater.(xxvi) A68 Music.(xxvii) A69 Symphony Orchestras.(xxviii) A6A Opera.(xxix) A6B Singing, Choral.(xxx) A6C Music Groups, Bands, Ensembles.(xxxi) A90 Arts Service Organizations and Activities.(C) Is any of the following:(i) An individual or entity that meets both of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(ii) An individual or entity that, as a principal business activity, makes tickets to events available for purchase by the public an average of not less than 30 days before the date of the event, which shall meet both of the following:(I) The requirements of subclause (I) of clause (i).(II) Performers are paid in an amount that is based on a percentage of sales, a guarantee in writing or standard contract, or another mutually beneficial formal agreement.(iii) An individual or entity that meets all of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live sporting events at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(III) The individual or entity is not a major league or professional sports team or club, and is not owned by a major league or professional sports team or club.(3) Notwithstanding paragraph (2), eligible independent live event shall not include entities that satisfy any of the following:(A) Is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation.(B) Owns or operates entities in more than five states or in another country, or is owned by an entity that owns or operates entities in more than five states or in another country.(C) Generates less than 75 percent of its gross earned revenue in California.(D) Demonstrates a percentage gross earned revenue decline in California of less than 30 percent, based on a reporting period comparing Q2, Q3, and Q4 of 2020, compared to Q2, Q3, and Q4 of 2019.(E) Is an excluded entity as defined in paragraph (2) of subdivision (g) of Section 12100.82.(g) (1) Grants to eligible independent live events shall be prioritized on documented percentage gross earned revenue declines based on a reporting period comparing California gross earned revenues in Q2, Q3, and Q4 of 2020 and California gross earned revenues in Q2, Q3, and Q4 of 2019.(2) Grants awarded under this subdivision shall be in an amount equal to the lesser of two hundred fifty thousand dollars ($250,000) or 20 percent of the applicants gross earned revenue in California for the 2019 taxable year.(3) Eligible independent live event applicants shall complete a new and separate application for the grants allocated under this section even if they previously submitted an application for the California Small Business COVID-19 Relief Grant Program established in Section 12100.83.(4) If an eligible independent live event has been awarded a grant under the California Small Business COVID-19 Relief Grant Program established in Section 12100.83, the amount of that grant shall be subtracted from the grant amount awarded under this section. If the grant amount awarded under Section 12100.83 is greater than the amount awarded under this section, the eligible independent live event shall not receive a grant under this subdivision and no amount shall be subtracted.(5) The office shall not allocate more than twenty-five million dollars ($25,000,000) in grants to eligible independent live events that qualify under clause (iii) of subparagraph (C) of paragraph (2) of subdivision (f) unless all other eligible independent live events have received funding under this section or Section 12100.83.(h) Grant moneys awarded under this section shall only be used for costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, 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 March 1, 2020.(3) Costs associated with reopening business operations after being fully or partially closed due to state-mandated COVID-19 health and safety restrictions and business closures.(4) Costs associated with complying with COVID-19 federal, state, or local guidelines for reopening with required safety protocols, including, but not limited to, equipment, plexiglass barriers, outdoor dining, personal protective equipment (PPE) supplies, testing, and employee training expenses.(5) Any other COVID-19-related expenses not already covered through grants, forgivable loans, or other relief through federal, state, county, or city programs.(6) Any other COVID-19-related costs that are not human resource expenses for the state share of Medicaid, employee bonuses, severance pay, taxes, legal settlements, personal expenses, or other expenses unrelated to COVID-19 impacts, repairs from damages already covered by insurance, or reimbursement to donors for donated items or services.(i) An applicant may self-identify race, gender, and ethnicity. Within 30 business days of the close of each application period, the office shall post the aggregate data, as available, and data by county and legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the Office of Small Business Advocate (CalOSBA) internet website and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(j) The fiscal agent shall issue Forms 1099 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).(k) This section shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 23. Section 12100.83.6 of the Government Code is amended to read:12100.83.6. (a) The California Nonprofit Performing Arts Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible nonprofit performing arts organizations to encourage workforce development.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for the purposes of this section.(e) Subject to appropriation by the Legislature, the office shall allocate grants to eligible nonprofit performing arts organizations that meet the requirements of this section.(f) (1) Subject to appropriation by the Legislature, forty-nine million five hundred thousand dollars ($49,500,000) of program funds shall be allocated in one or more rounds to eligible nonprofit performing arts organizations.(2) For purposes of this subdivision, an eligible nonprofit performing arts organization means a registered 501(c)(3) nonprofit entity that satisfies the criteria for a qualified small business pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(3) Grants under this subdivision shall be awarded on a first-come, first-served basis in the following amounts:(A) Twenty-five thousand dollars ($25,000) for applicants with annual gross revenue greater than one thousand dollars ($1,000) to one hundred thousand dollars ($100,000) in the 2019 taxable year.(B) Fifty thousand dollars ($50,000) for applicants with annual gross revenue greater than one hundred thousand dollars ($100,000), and up to one million dollars ($1,000,000) in the 2019 taxable year.(C) Seventy-five thousand dollars ($75,000) for applicants with annual gross revenue greater than one million dollars ($1,000,000), and up to two million dollars ($2,000,000) in the 2019 taxable year.(4) A registered 501(c)(3) nonprofit entity, without regard to its annual gross revenue, may be eligible for funds if it serves as a fiscal sponsor for entities that are qualified small businesses pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(g) Grant moneys awarded under this section shall only be used for the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Contributions or payments to a centralized payroll service.(3) Recruitment, training, development, and other human resources related expenses.(4) Other operating expenses or equipment for employees.(h) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, the office shall post the aggregate data, as available. Within 15 business days of the close of each application period, the office shall post data by legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the internet website of the Office of Small Business Advocate (CalOSBA) and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) 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 or serve a disadvantaged community as described in 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.(I) Geography.(i) The fiscal agent shall issue Form 1099 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).(j) This section shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 24. Section 12100.85 of the Government Code is amended to read:12100.85. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 25. Section 12100.91 of the Government Code is amended to read:12100.91. Subject to appropriation by the Legislature, the following shall apply:(a) The office may use up to 0.5 percent of funds for administrative expenses. A grantmaking entity may use up to 20 percent of its allocation for administrative expenses (including fiscal agent fee), marketing, and outreach to qualified microbusiness owners in underserved business groups, including businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities.(b) Any unused money by the grantmaking entity, less that 20 percent administrative expenses, outreach and marketing funds, shall be transferred back to the office by June 29, 2024.SEC. 26. Section 12100.95 of the Government Code is amended to read:12100.95. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 27. Section 12100.975 of the Government Code is amended to read:12100.975. (a) The California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program is hereby created within GO-Biz to be implemented by CalOSBA.(b) The program shall be under the direct authority of the advocate.(c) The purpose of the program is to assist qualified small businesses and nonprofits, incurring costs for COVID-19 supplemental paid sick leave pursuant to Sections 248.6 and 248.7 of the Labor Code.(d) CalOSBA or its fiscal agent shall consult with local, regional, state, and federal public and private entities, as applicable, that share a similar mission to support the needs of small businesses and nonprofits in California.(e) CalOSBA may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this article.(f) CalOSBA shall allocate grants to qualified small businesses and nonprofits that meet the requirements of this article.(g) Grant moneys awarded under this section shall only be for reimbursement of COVID-19 Supplemental Paid Sick Leave provided between January 1, 2022, and December 31, 2022. Applicants shall provide proof of employee payroll records that verify all COVID-19 Supplemental Paid Sick Leave provided by the applicant pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code that match the amount of the grant request.(h) Grants to qualified small businesses or nonprofits shall be no more than the actual costs incurred for supplemental paid sick leave provided between January 1, 2022, and December 31, 2022, with a maximum grant amount per applicant of fifty thousand dollars ($50,000).(i) The total amount an applicant can request under the program is an amount not to exceed the sum of fifty thousand dollars ($50,000).(j) If General Fund savings are achieved due to increases in federal funds including, but not limited to, federal funds becoming available to support the California Small Agricultural Business Drought and Flood Relief Grant Program, the Department of Finance shall increase the appropriation to the California Emergency Relief Fund for purposes of this article by up to seventy million dollars ($70,000,000). The Department of Finance may transfer this sum from the General Fund to the California Emergency Relief Fund for this purpose.(k) Any unused money remaining in the California Emergency Relief Fund, transferred for the purpose of this article, shall be transferred to the General Fund by June 1, 2024.(l) (1) CalOSBA 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 throughout the state, including in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, applicant access through multiple branded partner portals, and advertising and social media outreach through owned, paid, and earned media channels.(2) The 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.(m) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, CalOSBA shall post the aggregate data, as available. Within 15 business days of the close of each application period, CalOSBA shall post data by legislative district, as available. Within 45 business days, CalOSBA shall post the actual awarded information, as available. All information shall be posted on the GO-Biz internet website and GO-Biz shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) CalOSBA 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 rural area.(E) County.(F) State Senate district.(G) State Assembly district.(H) Nonprofits, including by geography.(n) The fiscal agent shall issue Forms 1099 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)) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code).SEC. 28. Section 12100.985 of the Government Code is amended to read:12100.985. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 29. The heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code is amended to read: Article 9.5. California Small Agricultural Business Drought and Flood Relief Grant ProgramSEC. 30. Section 12100.100 of the Government Code is amended to read: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 and flooding.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought and Flood Relief Grant Program.SEC. 31. Section 12100.101 of the Government Code is amended to read: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 and Flood 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 in 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, domiciled in California, with 100 or fewer full-time employees in the 2022 and 2023 taxable years.(B) Began operating in the state prior to January 1, 2020.(C) Is currently active and operating.(D) Has been affected by severe drought according to the United States Department of Agriculture drought monitor or is within or serves a county that has a state or federal disaster declaration for flooding.(E) 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.SEC. 32. Section 12100.103 of the Government Code is amended to read:12100.103. (a) The California Small Agricultural Business Drought and Flood 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 and flooding.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for purposes of this article.(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 allocated in the Budget Act of 2022 related to drought impacts 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 up to 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).(vi) Codes beginning with 1121 Cattle Ranching and Farming.(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.(4) Grant moneys awarded under this subdivision shall only be used for costs to maintain the recipient business through the drought, including the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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.(C) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(h) Program grant funds allocated in the Budget Act of 2023 related to storm flooding impacts shall be administered as follows:(1) Grant funds shall be allocated to qualified small agricultural businesses impacted by flooding including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(A) Codes beginning with 115 Support Activities for Agriculture and Forestry.(B) Codes beginning with 1121 Cattle Ranching and Farming.(C) 424910 Farm Supplies Merchant Wholesalers.(D) 444240 Nursery, Garden Center, and Farm Supply Retailers.(E) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(2) Three tiers of grant amounts shall be relative to revenue levels for qualified small agricultural businesses, to be determined by CalOSBA.(3) Grant moneys awarded under this subdivision may be used for costs to maintain the recipient business through flooding, including, but not limited to, the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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 flooding.(C) Any other flooding-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) Applicants may apply for relief grants under subdivisions (g) and (h).(j) (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 becomes available. All information shall be posted on the 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, 2026, 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.(k) 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).SEC. 33. Section 12100.105 of the Government Code is amended to read:12100.105. This article shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 34. Section 12100.151 of the Government Code is amended to read:12100.151. (a) (1) The zero-emission vehicle division within the Governors Office of Business and Economic Development is hereby continued in existence within the Governors Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor.(2) The office shall steer the development of a shared, cross-agency definition of equity, and set an equity agenda for the deployment of light-, medium-, and heavy-duty zero-emission vehicles, the supporting infrastructure, and workforce development.(3) Until January 1, 2028, the Zero-Emission Vehicle Equity Advocate is hereby established within the office. The advocate shall be appointed by, and shall serve at the pleasure of, the Governor.(4) The office shall serve as a point of contact for stakeholders to provide concerns and suggestions related to the states progress in equitably achieving the states zero-emission vehicle deployment goals.(5) The office shall provide information and coordinate policy and procedural changes with relevant state entities, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Transportation Agency, and the California Transportation Commission, as needed, to ensure consistency among equity definitions, criteria, and targets used in the states zero-emission vehicle and infrastructure programs and to ensure best practices related to equity are incorporated into state planning for zero-emission vehicle deployment, funding, and program design.(6) In order to facilitate alignment of equity goals, the office may convene meetings or task forces that include state agencies, local government, utilities, labor, community-based organizations, air pollution control districts, air quality management districts, or private sector actors key to advancing zero-emission transportation goals.(b) (1) The office shall develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in zero-emission vehicle deployment.(2) The equity action plan shall include both of the following:(A) Recommendations on actionable steps and metrics to measure and improve access to zero-emission vehicles, public and private charging infrastructure, and zero-emission vehicle transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership.(B) Recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, including emissions from medium- and heavy-duty vehicles, and by supporting an equitable zero-emission vehicle industry and workforce.(3) The office shall assess progress towards the equity action plan as part of the update to the ZEV Market Development Strategy and notify the relevant policy committees of the Legislature of the information provided in that update. This assessment shall include, but is not limited to, metrics tracking both of the following:(A) State funding spent toward the deployment of zero-emission vehicle ownership and supporting infrastructure in disadvantaged and low-income communities, and the number and type of vehicles, including light-, medium-, and heavy-duty zero-emission vehicles, state and federal subsidies for zero-emission vehicles, different ownership structures for zero-emission vehicles, or charging infrastructure deployed with this funding.(B) State funding for multiyear projects that advance deployment of zero-emission vehicles in communities identified as disadvantaged communities prioritized by severity of air pollution from mobile sources, lack of charging infrastructure and electric vehicles, and transportation or transit deserts.(4) In developing the equity action plan, the office shall coordinate and partner with community organizations, local entities, state agencies, and other private and public stakeholders to steer an equitable zero-emission vehicle deployment.SEC. 35. Section 12526 of the Government Code is amended to read:12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice.SEC. 36. Section 14634 of the Government Code is amended to read:14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation.(d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.(e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the departments general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations.SEC. 37. Section 14669.23 is added to the Government Code, to read:14669.23. (a) Notwithstanding any other law applicable to actions taken by the Department of General Services for the delivery and installation of emergency sleeping cabins and related infrastructure, the Department of General Services may assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, provided all of the following conditions are met:(1) The projects occur within the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(2) A political subdivision has declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1.(3) The authority granted in this section applies only to the delivery of up to 1,200 emergency sleeping cabins.(4) The Department of General Services has executed a written transfer agreement with the political subdivision that includes both of the following terms:(A) The emergency sleeping cabins and the related improvements shall become the property of the political subdivision and the responsibility of the political subdivision to operate upon receiving a certificate of occupancy.(B) The political subdivision agrees that the emergency camping cabins shall be compliant with Housing First principles, low-barrier, service-enriched, and focused on moving people into permanent housing, and shall provide temporary living facilities while individuals experiencing homelessness are connected to income, public benefits, health services, shelter, and appropriate housing. Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:(i) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.(ii) Pets.(iii) The storage of possessions.(iv) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.(5) For the purposes of this section, emergency sleeping cabin shall have the same meaning as defined in the California Building Standards Code except that they may include plumbing and occupants shall not be charged rent.(6) For the purposes of this section, related improvements shall mean infrastructure work necessary to support the successful operations of the emergency sleeping cabins. Related improvements shall include, but are not limited to, utility connections and distribution, site modifications such as grading, vehicle access and parking, site security features, erection of administrative and treatment areas, and storage.(b) In providing assistance to a political subdivision pursuant to subdivision (a), the following provisions shall apply to any work undertaken by the Department of General Services:(1) The Department of General Services may utilize any delivery method that it, in its discretion, deems appropriate and advantageous.(2) The Department of General Services may carry out a project on real property that is not owned by the State of California, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins.(3) All work performed pursuant to this section by the Department of General Services shall be exempt from all of the following:(A) Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code.(B) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.(C) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3.(D) Upon the advance approval from the Department of Housing and Community Development for anything within their scope of authority, and only for the provision of emergency sleeping cabin projects pursuant to this section, any provision of the California Building Standards Code (Title 24 of the California Code of Regulations) may be waived consistent with ensuring minimum public health and safety standards and Appendix P of the California Building Standards Code.(E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) only if the development is not located on a site that is any of the following:(i) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(ii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(iii) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.(iv) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:(v) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.(vi) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.(vii) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1.(viii) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. A development may be located on a site described in this subparagraph if either of the following are met:(I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.(II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(III) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(ix) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(x) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(xi) Lands under conservation easement.(c) Nothing in this section shall be construed to waive any applicable housing law governing the operation of emergency sleeping cabins by political subdivisions.(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 38. Section 14670 of the Government Code is amended to read:14670. (a) With the consent of the state agency concerned, the director may do any of the following:(1) Let for a period not to exceed five years, any real or personal property that belongs to the state, the letting of which is not expressly prohibited by law, if the director deems the letting to be in the best interest of the state.(2) Sublet any real or personal property leased by the state, the subletting of which is not expressly prohibited by law, if the director deems the subletting to be in the best interest of the state.(3) Let for a period not to exceed five years, and at less than fair market rental, any real property of the state to any public agency for use as nonprofit, self-help community vegetable gardens and related supporting activities, provided:(A) Parcels let for those purposes shall not exceed five acres.(B) Two or more contiguous parcels shall not be let for those purposes.(C) Parcels shall be let subject to applicable local zoning ordinances.(b) The Legislature finds and declares that any leases let at less than fair market rental pursuant to paragraph (3) of subdivision (a) shall be of broad public benefit.(c) Any money received in connection with paragraph (1) of subdivision (a) shall be deposited in the Property Acquisition Law Money Account and, except those funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, shall be available to the department upon appropriation by the Legislature.(d) All money received pursuant to paragraph (2) of subdivision (a) shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the State Treasury and credited to the appropriation from which the cost of the lease was paid.(e) Notwithstanding subdivisions (a) to (d), inclusive, to promote employee wellness initiatives at facilities operated by the Department of Corrections and Rehabilitation, the director may determine that allowing a lease to be made at less than fair market value is in the states best interest. The director shall base this determination upon the Department of Corrections and Rehabilitations written request that justifies the letting of a lease at below fair market value. Notwithstanding subdivision (a), the leases may be entered into for a period not to exceed 10 years. The criteria and the process for exempting a lease from fair market value pursuant to this subdivision shall be published in the State Administrative Manual.(f) The Department of General Services shall report annually to the Joint Legislative Budget Committee on all new leases let at less than fair market rental value pursuant to subdivision (e). The report shall include the lease terms; the reasons, where applicable, for which the Department of Corrections and Rehabilitation requested a rental rate at less than fair market value; the justification for letting at a lesser rate; and the approach used to determine the final rental rate.SEC. 39. Section 15679 of the Government Code is amended to read:15679. (a) (1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.(2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the offices duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.(3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following:(A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges.(B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).(C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.(b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1.SEC. 40. Section 16427 of the Government Code is amended to read:16427. (a) For purposes of this article, department means the Department of Justice.(b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund.(c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application.(d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior.(e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.(f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund.(g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information:(1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported.(2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund.(3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change.(4) The receipt of any interest income and the amount attributable to each case.SEC. 41. Section 16428 of the Government Code is amended to read:16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations.All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations.Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created.SEC. 42. Section 412.5 of the Military and Veterans Code is amended to read:412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following:(1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation.(2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1).(3) Adopt rules and regulations for all of the following:(A) The California Military Department Foundation.(B) The solicitation and acceptance of funds authorized pursuant to subdivision (b).(C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds.(4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section.(5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party.(B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement.(b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section.(2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section.(c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department.(2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision.(3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section.(d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.(e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund.(f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance.SEC. 43. Section 431.5 is added to the Military and Veterans Code, to read:431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements.SEC. 44. Chapter 14 (commencing with Section 5875) is added to Division 5 of the Public Resources Code, to read: CHAPTER 14. Southeast Los Angeles Cultural Center5875. For purposes of this chapter, the following definitions shall apply:(a) County means the County of Los Angeles.(b) Cultural center means the Southeast Los Angeles Cultural Center.(c) Panel means the Southeast Los Angeles Cultural Center Development Advisory Panel.(d) SELA means southeast Los Angeles.5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e).(b) It is the intent of the Legislature that the objectives of the panel include all of the following:(1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028.(2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center.(3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panels work as outlined in subdivision (c).(c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following:(1) Advising on the design, ownership, operations, and governance of the cultural center.(2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements:(A) A proposed operating model with a recommendation for an operator or operators of the cultural center.(B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs.(3) Ongoing community engagement efforts for the cultural centers development, including the following:(A) Community outreach.(B) Public convening.(C) Relations with local governments, state agencies, and tribal communities.(D) Relations with SELA artists and schools.(E) Promotion of the cultural center and its services.(4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community.(5) Promoting public accessibility and connectivity between the cultural center and its communities.(6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships.(d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees.(e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows:(1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community.(2) The Secretary of the Natural Resources Agency shall appoint seven members as follows:(A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs.(B) Two representatives of SELA community artist nonprofit organizations.(C) One representative, 21 years of age or under, of SELA community youth.(D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts.(E) One representative of the Los Angeles Philharmonic Association.(F) One representative from the local tribal community.(f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural centers activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center.(g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancys work and legal duties to develop and construct the cultural center.(h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates.(i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance.5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.SEC. 45. Section 21080.12 is added to the Public Resources Code, to read:21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts.(b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division.SEC. 46. Section 75250.1 of the Public Resources Code is amended to read:75250.1. (a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019.1 of the Government Code.(b) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.SEC. 47. Section 281 of the Public Utilities Code is amended to read:281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).(b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program.(B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply:(i) Mbps means megabits per second.(ii) (I) Except as provided in subclause (II), unserved area means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data.(II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, unserved area means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission.(2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following:(A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider.(B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity.(ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i).(3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption.(4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations.(5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following:(A) Providing technical assistance to local governments and providers.(B) Assisting in developing grant applications.(C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties.(6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds.(c) The commission shall establish the following accounts within the fund:(1) The Broadband Infrastructure Grant Account.(2) The Rural and Urban Regional Broadband Consortia Grant Account.(3) The Broadband Public Housing Account.(4) The Broadband Adoption Account.(5) The Federal Funding Account.(d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund.(2) All interest earned on moneys in the fund shall be deposited into the fund.(3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c).(4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year.(e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.(f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following:(1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology.(2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year.(3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7.(4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision.(5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households.(6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property.(ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000).(7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.(9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commissions internet website at least 30 days before publishing the corresponding draft resolution.(10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5):(A) Costs directly related to the deployment of infrastructure.(B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years.(C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection.(11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal.(g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.(2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following:(A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity.(B) The number of project applications assisted.(h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account.(2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account.(i) (1) For purposes of this subdivision, low-income community includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission.(2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission.(3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community.(4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities.(5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.(6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite.(j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption.(2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs.(3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant.(4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph.(5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households.(k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications.(l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information:(A) The name and contractors license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section.(B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.(C) The anticipated dates when that work will be performed.(2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commissions California Advanced Services Fund internet website.(m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved.(n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines.(2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys.(3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows:(A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county.(ii) The commission shall allocate the remaining moneys based on each urban countys proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county.(ii) The commission shall allocate the remaining moneys based on each rural countys proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state.SEC. 48. The Legislature finds and declares that, with regard to Section 37 of this act adding and repealing Section 14669.23 of the Government Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to provide supplemental emergency housing resources for individuals experiencing homelessness in the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.SEC. 49. The Legislature finds and declares that, with regard to Section 44 of this act adding and repealing Chapter 14 (commencing with Section 5875) of Division 5 of the Public Resources Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique cultural relevancy of the southeast Los Angeles region.SEC. 50. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 51. 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 | | - | Assembly Bill No. 127 CHAPTER 45An act to amend Section 1798.99.32 of the Civil Code, to amend Sections 7903, 8010, 8263, 8270, 8272, 8274, 8275, 8276, 11011, 11011.2, 11549.3, 11549.57, 11549.58, 11788.1, 11860, 12098.10, 12100.83.6, 12100.85, 12100.91, 12100.95, 12100.975, 12100.985, 12100.100, 12100.101, 12100.103, 12100.105, 12100.151, 12526, 14634, 14670, 15679, 16427, and 16428 of, to amend the heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of, to amend and renumber Section 8654.2 of, to add Section 11549.59 to, to add and repeal Sections 12100.83.5 and 14669.23 of, and to add and repeal Chapter 4.6 (commencing with Section 8303) and Chapter 9.4 (commencing with Section 8759) of Division 1 of Title 2 of, the Government Code, to amend Section 412.5 of, and to add Section 431.5 to, the Military and Veterans Code, to amend Section 75250.1 of, to add Section 21080.12 to, and to add and repeal Chapter 14 (commencing with Section 5875) of Division 5 of, the Public Resources Code, and to amend Section 281 of the Public Utilities Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget. [ Approved by Governor July 10, 2023. Filed with Secretary of State July 10, 2023. ] LEGISLATIVE COUNSEL'S DIGESTAB 127, Committee on Budget. State government.(1) Existing law, the California Age-Appropriate Design Code Act, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.Existing law establishes the California Childrens Data Protection Working Group to deliver a report to the Legislature on or before January 1, 2024, and every 2 years thereafter, regarding best practices for the implementation of these provisions, as specified. Existing law requires the working group to select a chair and a vice chair from among its members and requires the working group to consist of 10 members, as specified.This bill would specify that the working group is within the Office of the Attorney General, and would require the report to, instead, be delivered on or before July 1, 2024, and every 2 years thereafter. The bill would instead require the working group to consist of 9 members, as specified. The bill would permit meetings of the working group to be conducted by means of remote communication, as specified.(2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines appropriations subject to limitation of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines appropriations subject to limitation of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, state subventions as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.For fiscal years commencing with the 202021 fiscal year, existing law defines state subventions to additionally include money provided to a local agency pursuant to certain state programs and requires any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would require the Department of Finance to, no later than February 1 of each year, calculate the individual subvention amounts for each of those state programs and provide this information on an annual basis to the California State Association of Counties and the League of California Cities for distribution to local agencies. The bill would require local agencies to use the calculations provided for purposes of the above-described appropriations limit. By revising the duties of local officials with respect to the limitation of appropriations by local agencies, this bill would impose a state-mandated local program.(3) Existing law, until January 1, 2027, establishes the Commission on the State of Hate in the state government, and specifies the goals of the commission, including providing resources and assistance to various state agencies, law enforcement agencies, and the public on the state of hate to keep these entities and the public informed of emerging trends in hate-related crime. Existing law provides for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature, and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation.This bill would instead authorize appointed members of the commission to receive a per diem of $100 for each public meeting and community forum of the commission that they attend, and would also entitle those individuals to reimbursement for expenses incurred. The bill would provide that legislative members, ex officio members, and nonmember advisers of the commission are not entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation. Existing law requires the commission to issue an annual State of Hate report to the Governor and Legislature by July 1 of each year that describes the activities from the previous year and the recommendations for the following year. Existing law requires that report to include prescribed information, including a comprehensive accounting of hate crime activity statewide and relevant hate crime trends and statistics. Existing law requires the first annual report to be made available by July 1, 2023.For the annual report due by July 1, 2024, and July 1, 2025, the bill would instead require the commission to include that above-described information in the report only to the extent that specified information is available. For any annual report due by and after July 1, 2026, the bill would instead require the commission to include that above-described information.(4) Existing law, the California Youth Empowerment Act, establishes the California Youth Empowerment Commission within the state government to advise on providing meaningful opportunities for civic engagement to improve the quality of life for Californias disconnected and disadvantaged youth. Existing law establishes the Office of Planning and Research within the Governors office, and sets forth its powers and duties.This bill would place the commission within the Office of Planning and Research. The bill would make conforming changes.Existing law requires the commission, on or before January 1, 2024, and annually thereafter, to publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission.This bill would instead require the commission to publish the first annual report on or before May 30, 2025.Existing law requires the Governor to appoint an executive director of the commission to, among other duties, assist the commission in carrying out its work and hire commission staff, including hiring deputy directors.This bill would delete the duty to hire deputy directors from the executive directors duties.Under existing law, these provisions are to be implemented only if funds are made available in the budget or through gifts and grants.This bill would instead specify that these provisions are to be implemented upon appropriation by the Legislature.Existing law repeals these provisions on January 1, 2027.This bill would instead repeal them on January 1, 2030.(5) Existing law establishes an Office of Health Equity in the State Department of Public Health for purposes of aligning state resources, decisionmaking, and programs to accomplish certain goals related to health equity and protecting vulnerable communities. Existing law requires the office to develop departmentwide plans to close the gaps in health status and access to care among the states diverse racial and ethnic communities, women, persons with disabilities, and the lesbian, gay, bisexual, transgender, queer, and questioning communities, as specified. Existing law requires the office to work with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts by, among other things, prioritizing building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity.Existing law establishes the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies. Existing law requires the task force to submit a written report of its findings and recommendations to the Legislature.This bill, until January 1, 2030, would establish in state government a Racial Equity Commission. The bill would require the commission to be staffed by the Office of Planning and Research. The bill would require the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California. The bill would require the commission to prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity and to submit that report, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature, as specified. (6) Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist. That act provides that the California Emergency Relief Fund is created as a special fund in the State Treasury to provide emergency resources or relief relating to state of emergency declarations proclaimed by the Governor.This bill would authorize the Department of Finance to transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(7) Existing law, the Dixon-Zenovich-Maddy California Arts Act of 1975, establishes the Arts Council, consisting of 11 appointed members, and sets forth its powers and duties, including providing for the exhibition of art works in public buildings throughout California.This bill would require, upon appropriation by the Legislature, the Arts Council to establish the California Creative Economy Workgroup to develop a strategic plan for the California creative economy. The bill would provide for the membership of the workgroup and require the workgroup to, among other things, collect and analyze data on the state of the California creative economy. The bill would require the workgroup to publish a report detailing the findings and recommendations of the workgroup on the councils website, and submit the report to the appropriate committees of the Legislature by June 30, 2025. The bill would authorize the council to enter into a contract with a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report, as specified. The bill would repeal these provisions on July 1, 2025.(8) Existing law requires the Department of General Services, when authorized to sell or otherwise dispose of lands declared excess by a state agency and the department determines that the use of the land is not needed by any other state agency, to sell or otherwise dispose of the land in accordance with specified requirements. Existing law requires the net proceeds received from any real property disposition pursuant to those provisions to be paid to the Deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds issued pursuant to the Economic Recovery Bond Act are retired, and, thereafter, to be deposited in the Special Fund for Economic Uncertainties. Notwithstanding that requirement, existing law requires the department to deposit into the General Fund the net proceeds of a lease entered into pursuant to certain provisions after specified deductions are made.This bill would authorize the department to deposit some or all of the net proceeds from the above-described real property dispositions into the Property Acquisition Law Money Account to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, as defined. The bill would exempt those deposits necessary to maintain the operating reserve from the above-described requirement to deposit the net proceeds of leases into the General Fund.Existing law authorizes the department, with the consent of the state agency concerned, to let for a period not to exceed 5 years any real or personal property that belongs to the state if the director deems it to be in the best interest of the state. Existing law requires any money received pursuant to those provisions to be deposited in the Property Acquisition Law Money Account, and makes those funds available upon appropriation by the Legislature.This bill would exempt funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing from the requirement that the funds be made available upon appropriation by the Legislature.(9) Existing law establishes the Department of Technology within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. Existing law requires an entity within the executive branch that is under the direct authority of the Governor to implement the policies and procedures issued by the office and authorizes the office to conduct, or require to be conducted, an independent security assessment of every state agency, department, or office, as specified.Existing law requires state agencies not covered by those above-described provisions to adopt and implement information security and privacy policies, standards, and procedures based upon standards issued by the National Institute of Standards and Technology and the Federal Information Processing Standards, as specified. Existing law requires these state agencies to certify, by February 1 annually, to the President pro Tempore of the Senate and the Speaker of the Assembly that the agency is in compliance with all adopted policies, standards, and procedures and to include a plan of action and milestones, as specified. Existing law requires the certifications to be kept confidential and requires the President pro Tempore of the Senate and the Speaker of the Assembly to consult with these state agencies on how to ensure confidentiality of the certifications and to determine the form required for certification.This bill would delete the above-described consultation requirements and would impose various security requirements, including, among others, restricting the transfer and storage methods of the certifications to electronic means. The bill would instead require these state agencies to submit the certifications to the Office of Information Security and would require the office to develop a form for this purpose. The bill would authorize the office to make recommendations and offer assistance to a state agency on completing the above-described plan of action and milestones, as specified. The bill would require the office to review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 annually thereafter, to the appropriate legislative committees and the Legislative Analysts Office. The bill would authorize a state agency, in lieu of complying with specified provisions, to instead annually submit a declaration to the Chief of the Office of Information Security, by January 15, confirming that the state agency is in compliance with those above-described provisions that apply to entities within the executive branch that is under the direct authority of the Governor. Because this declaration would be made under penalty of perjury, the bill would expand the crime of perjury, thereby imposing a state-mandated local program.(10) Existing law establishes, within the Department of Technology, the Office of Broadband and Digital Literacy and requires the office, consistent with the appropriation in the Budget Act of 2021, to oversee the acquisition and management of contracts for the development and construction of, and for the maintenance and operation of, a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the broadband network to facilitate high-speed broadband service, as specified. Existing law requires the office, where feasible, to consider a term of access to dark fiber for no less than a 20-year indefeasible right to use and to consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.This bill would, where available, authorize the Office of Broadband and Digital Literacy to enter into an agreement for the indefeasible right-to-use fiber only if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built under the authority of the office. The bill would, upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to these provisions, require the department within 60 days to update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts.Existing law creates the Department of Technology Services Revolving Fund within the State Treasury to receive all revenues from the sale of technology or specified technology services, for other services rendered by the Department of Technology, and all other moneys properly credited to the Department of Technology and to be used, upon appropriation by the Legislature, for specified purposes with respect to the administration of the Department of Technology.This bill would create the State Middle-Mile Broadband Enterprise Fund. The bill would require internet service providers, governmental entities, and other users of the statewide open-access middle-mile broadband network to pay the Department of Technology fees for connection to the statewide open-access middle-mile broadband network, as provided. The bill would also require all revenues payable to the Department of Technology for activities undertaken for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network to be deposited in the fund. The bill, until July 1, 2027, would continuously appropriate moneys in the fund to the Department of Technology for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network, thereby making an appropriation. On or after July 1, 2027, moneys in the fund are available for expenditure upon appropriation by the Legislature.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Public Housing Account and the Federal Funding Account. Under existing law, of the $2,000,000,000 appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission is required to allocate $1,000,000,000 for projects in rural counties and $1,000,000,000 for projects in urban counties, as specified. Existing law, until June 30, 2023, authorizes applicants to apply for and encumber specified allocated moneys for last-mile broadband projects, and would provide that any moneys not allocated pursuant to prescribed provisions shall be made available to the commission for the construction of last-mile broadband infrastructure anywhere in the state.This bill would require the commission to prioritize grants from the Broadband Public Housing Account to existing publicly supported housing developments that have not yet received a grant from the account and do not have access to free broadband internet service onsite. The bill would change the time period for applicants to apply for and encumber specified allocated moneys described above from June 30, 2023, to September 30, 2024.(11) Existing law establishes the Made in California Program within the Governors Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a Made in U.S.A. label, as provided.This bill would remove the requirement that a company establish that the finished product could lawfully use a Made in U.S.A. label in order to be eligible under the program.Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.This bill would remove the requirement that the certification described above be a qualified third-party certification.Existing law requires the office to report to the Legislature on January 1 each year regarding the offices expenditures, progress, and ongoing priorities with the program.This bill would change the reporting date to February 15 of each year and would additionally require the report described above to include, among other things, the number of companies registered for the Made in California label and any other information about the program that the office deems appropriate.(12) Existing law establishes the Governors Office of Business and Economic Development, also known as GO-Biz, to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law prescribes the duties and functions of the Director of the Governors Office of Business and Economic Development.Existing law establishes the California Office of the Small Business Advocate (CalOSBA) within GO-Biz to serve as the principal advocate on behalf of small businesses, including to represent the views and interests of small businesses, among other duties. Existing law establishes various grant programs within CalOSBA.Chapter 74 of the Statutes of 2021 created, and Chapter 68 of the Statutes of 2022 subsequently amended, the California Venues Grant Program within CalOSBA to provide grants, subject to appropriation by the Legislature, to certain independent live events that have been affected by COVID-19 in order to support their continued operation, as specified. The program was repealed on December 31, 2022.This bill would reenact the program and would repeal it on June 30, 2024.Existing law establishes, upon appropriation by the Legislature, the California Regional Initiative for Social Enterprises Program within CalOSBA to provide financial and technical assistance to employment social enterprises for purposes of accelerating economic mobility and inclusion for individuals who experience employment barriers. Existing law requires CalOSBA to administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents through June 30, 2024.This bill would remove the disbursement end date mentioned above.Existing law establishes the California Nonprofit Performing Arts Grant Program within CalOSBA for the purpose of providing grants to eligible nonprofit performing arts organizations, as defined, to encourage workforce development. Existing law repeals the program on June 30, 2023.Existing law establishes the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants, in accordance with specified criteria, including geographic distribution based on COVID-19 restrictions, industry sectors most impacted by the pandemic, and underserved small businesses. Existing law repeals the program on January 1, 2024.Existing law establishes the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program within GO-Biz and implemented by CalOSBA to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. Existing law repeals the program on January 1, 2024.This bill would extend the repeal dates of the California Nonprofit Performing Arts Grant Program, the California Small Business COVID-19 Relief Grant Program, and the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to June 30, 2024.Existing law establishes, until June 30, 2023, the California Microbusiness COVID-19 Relief Grant Program within CalOSBA to assist qualified microbusinesses, as defined and certified under penalty of perjury, that have been significantly impacted by the COVID-19 pandemic, as provided. Existing law requires CalOSBA to administer a request for proposal in no more than 2 rounds for a specified period of time per round for eligible grantmaking entities, defined as a county or consortium of nonprofit, community-based organizations, as specified, and, subject to appropriation by the Legislature, requires a grantmaking entity that receives an allocation to administer a county program to, among other things, award individual grants to qualified microbusinesses.This bill would extend the repeal date of the California Microbusiness COVID-19 Relief Grant Program to June 30, 2024, and make conforming changes. By extending a program that requires qualified microbusinesses to make specified certifications under penalty of perjury, the bill would expand the scope of the crime of perjury and would thereby impose a state-mandated local program.(13) Existing law, until January 1, 2025, establishes the California Small Agricultural Business Drought Relief Grant Program in the Office of the Small Business Advocate, under the authority of its director, to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions, as prescribed. Existing law requires the office to allocate grants to qualified small agricultural businesses that meet the requirements of the program, upon appropriation of grant funds by the Legislature. Existing law defines a qualified small business for these purposes to mean a small business that meets specified criteria, including that the small business 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 and has been affected by severe drought according to the United States Department of Agriculture drought monitor. Existing law requires the office to report to the Legislature, on or before December 31, 2024, on the number of grants and dollar amounts awarded for specified categories.This bill would rename the program as the California Small Agricultural Business Drought and Flood Relief Grant Program and would extend the program until January 1, 2027. The bill would expand the purpose of the program to additionally provide grants to qualified small agricultural businesses that have been affected by flood conditions. The bill would prescribe how program grant funds are to be allocated in the Budget Act of 2022 related to drought impacts and how those funds are to be allocated in the Budget Act of 2023 related to storm flooding impacts. The bill would update the definition of a qualified small business for these purposes to require that the small business be domiciled in California with 100 or fewer in the 2022 and 2023 taxable years. The bill would expand the definition of a qualified small business to include a small business that is within or serves a county that has a state or federal disaster declaration for flooding. The bill would authorize the office to amend an existing contract with a fiscal agent to meet the requirements of the bills provisions, and would also authorize applicants to apply for relief grants under these provisions. The bill would require the office to report to the Legislature, on or before December 31, 2026, on the number of grants and dollar amounts awarded for specified categories. The bill would also make various conforming changes.(14) Existing law, the Financial Information System for California (FISCal) Act, requires the Department of Finance, the Controller, the Department of General Services, and the Treasurer to collaboratively develop, implement, and utilize a single integrated financial management system for the state, as prescribed. To facilitate the transition of the states accounting book of record, existing law requires, on or before July 1, 2023, the Controller to provide the necessary system and interface requirements to the department to perform accounting functions and produce financial reports, as specified, and, on or before March 1, 2023, and with the department, to evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality.This bill would, instead, require the Controller to provide the above-described system and interface requirements and, with the department, evaluate and develop the above-described timeline on December 31, 2023, to facilitate the integration of the states accounting book of record by July 1, 2026.(15) Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law requires the office to develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in ZEV deployment.Existing law requires the equity action plan to include, among other things, recommendations on actionable steps and metrics to measure and improve access to ZEVs, infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities. Existing law also requires the office to assess progress towards the plan, as specified.This bill would instead require the equity action plan to include recommendations on actionable steps and metrics to measure and improve access to ZEVs, public and private charging infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership. The bill would also require the assessment of progress towards the equity action plan to include metrics tracking state and federal subsidies for ZEVs and different ownership structures for ZEVs.(16) Existing law creates the Attorney General antitrust account in the General Fund, which is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for refund of any money erroneously paid into the account. Money in the account is available for expenditure only upon appropriation by the Legislature in the annual Budget Bill and if at any time the account exceeds $3,000,000, the excess is required to be transferred to the unallocated funds within the General Fund.This bill would delete the requirement that amounts in excess of $3,000,000 be transferred to the General Fund.Existing law generally makes the Attorney General responsible for representing state agencies in litigation matters. Under existing law, revenues in the Litigation Deposits Fund are continuously appropriated to the Department of Justice for litigation purposes. Existing law establishes the Legal Services Revolving Fund and requires state agency payments for legal services rendered by the Attorney General to be deposited therein. Existing law authorizes the Attorney General to expend the money in the Legal Services Revolving Fund, upon appropriation by the Legislature, for litigation activities. Existing law authorizes the Department of Justice to expend revenues transferred to the Legal Services Revolving Fund from the Litigation Deposits Fund only if approved by the Department of Finance.Existing law requires the Department of Justice to prepare and submit to specified individuals quarterly reports concerning the activity of the Litigation Deposits Fund that detail the number of deposits received, the receipt of interest income, disbursements to claimants, and the amount used for litigation costs of the department.This bill would, commencing July 1, 2023, require the Department of Justice to transfer deposited funds, with certain exceptions, to the General Fund or a state special fund subject to legislative oversight no later than 3 months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. The bill would require the Department of Justice to transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.The bill would require the Department of Justice to provide specified information with the quarterly reports concerning the activity of the Litigation Deposits Fund, including the number of new deposits received as of the prior report, the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case.(17) Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds. Existing law authorizes tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. Existing law requires the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.This bill would instead require that the planning and construction of the monument be funded exclusively through private funding from the tribal nations in the Sacramento, California region, and require the Department of General Services to be responsible for regular maintenance of the monument, as specified.(18) Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.Existing law establishes the Department of General Services within the Government Operations Agency and requires it to perform various functions and duties with respect to property within the state, including assisting in the development of permanent supportive housing and emergency shelters.This bill would authorize the Department of General Services to assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, as defined, in prescribed cities and counties if the political subdivision has declared a shelter crisis. The bill would limit the authority granted under the bill to the delivery of up to 1,200 emergency sleeping cabins. The bill would require the Department of General Services to execute a prescribed written transfer agreement with the political subdivision. The bill would authorize the department, in providing assistance to political subdivisions, to utilize any delivery method it deems appropriate and advantageous. The bill would further authorize the department to carry out a project on real property that is not owned by the state, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins. The bill would exempt work performed by the Department of General Services under the bill from specified laws and regulations, including provisions relating to public contracts, state building standards, and, with certain exceptions, the California Environmental Quality Act. These provisions would be repealed as of January 1, 2025.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(19) Existing law establishes the Office of Tax Appeals, and requires the office to publish a written opinion for each appeal decided by each tax appeals panel, as described. Existing law also requires the office to adopt regulations as necessary or appropriate to carry out the purposes of the office. Existing law, the Administrative Procedure Act, generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law exempts any standard, criterion, procedure, determination, rule, notice, or guideline established by the office from the requirements of the APA. This bill would restate the existing exemption from the Administrative Procedure Act to instead apply to any policy, procedure, notice, or guideline issued by the office. The bill would also exempt any final written opinion published by office from the requirements of the Administrative Procedure Act. The bill would authorize the office to designate any published written opinion as precedential in any matter or proceeding before the office, unless overruled, superseded, or otherwise designated nonprecedential by the office. The bill would declare that the designation of an opinion as precedential is not a rulemaking within the meaning of the Administrative Procedure Act.(20) Existing law establishes the Litigation Deposits Fund, under the control of the Department of Justice and consisting of moneys received by the state as litigation deposits, as specified. Existing law authorizes the Controller to use money in the fund for cashflow loans to the General Fund, as specified.This bill would authorize the Department of Finance to authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process, as specified.(21) Existing law authorizes the Adjutant General and the Military Department to establish support programs and educational programs for the benefit of the Military Department and its soldiers, airmen, and cadets, and their family members. Existing law establishes the California Military Department Support Fund to support those programs. Existing law also establishes the California National Guard Military Family Relief Fund as an account within the California Military Department Support Fund for the purpose of providing financial aid grants to eligible members of the California National Guard who are California residents and who have been called to active duty.This bill would repeal the California National Guard Military Family Relief Fund and deposit all remaining moneys from the fund into the California Military Department Support Fund. The bill would also remove the aid grant program funded by the California National Guard Military Family Relief Fund.(22) Existing law allows the Adjutant General of the Military Department to lease or authorize the use of armories that are built or acquired by the state and requires all revenues to be deposited in the Armory Discretionary Improvement Account.This bill would establish the Army Facilities Agreement Program Income Fund. The bill would require revenue received from nonfederal tenants use of Military Department facilities to be deposited into the fund, and upon appropriation by the Legislature, made available for maintenance of Army National Guard facilities.(23) Under existing law, the Department of Parks and Recreation controls the state park system. Existing law provides that the General Fund consists of money received into the State Treasury not required by law to be credited to any other fund.This bill would create the Southeast Los Angeles Cultural Center Development Advisory Panel to provide advice to the state and the County of Los Angeles in the development of the Southeast Los Angeles Cultural Center. The bill would require the department to convene the panel within 60 days of completion of appointments to the panel. The bill would require the panel to be chaired by the Director of Parks and Recreation and would authorize the county supervisor of southeast Los Angeles for the 4th supervisorial district to cochair the panel, as provided. The bill would require the Secretary of the Natural Resources Agency, and would authorize the county supervisor, to appoint 9 panel members, as provided. The bill would require the panel to, among other things, by January 1, 2027, develop a recommended operations plan for the Southeast Los Angeles Cultural Center, which shall not include a commitment of ongoing state resources for operation and maintenance.The bill would make these provisions inoperative on July 1, 2032, and would repeal them as of January 1, 2033.This bill would make legislative findings and declarations as to the necessity of a special statute for the southeast Los Angeles region.(24) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Office of Planning and Research in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency.This bill would exempt from CEQA the actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to CEQA or by a tribe pursuant to an alternative process or program implemented by the tribe for evaluating environmental impacts.(25) Existing law establishes the Community Resilience Center Program, administered by the Strategic Growth Council in coordination with the Office of Planning and Research, to provide funding for the construction of new, or the retrofitting of existing, facilities that will serve as community resilience centers, as specified. Existing law authorizes the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain provisions that authorize specified state departments and authorities to make advance payments to community-based private nonprofit agencies under certain circumstances and subject to certain requirements.This bill would instead authorize the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain other provisions that authorize state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met and subject to certain requirements.This bill would make these provisions inoperative on July 1, 2025, and would repeal them as of January 1, 2026.(26) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(27) 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: YES Fiscal Committee: YES Local Program: YES |
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| 1 | + | Enrolled June 27, 2023 Passed IN Senate June 27, 2023 Passed IN Assembly June 27, 2023 Amended IN Senate June 24, 2023 Amended IN Assembly February 01, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 127Introduced by Committee on Budget (Assembly Members Ting (Chair), Alvarez, Arambula, Bennett, Bonta, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Garcia, Hart, Jackson, Jones-Sawyer, Lee, McCarty, Muratsuchi, Ramos, Reyes, Luz Rivas, Blanca Rubio, Wicks, and Wood)January 09, 2023An act to amend Section 1798.99.32 of the Civil Code, to amend Sections 7903, 8010, 8263, 8270, 8272, 8274, 8275, 8276, 11011, 11011.2, 11549.3, 11549.57, 11549.58, 11788.1, 11860, 12098.10, 12100.83.6, 12100.85, 12100.91, 12100.95, 12100.975, 12100.985, 12100.100, 12100.101, 12100.103, 12100.105, 12100.151, 12526, 14634, 14670, 15679, 16427, and 16428 of, to amend the heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of, to amend and renumber Section 8654.2 of, to add Section 11549.59 to, to add and repeal Sections 12100.83.5 and 14669.23 of, and to add and repeal Chapter 4.6 (commencing with Section 8303) and Chapter 9.4 (commencing with Section 8759) of Division 1 of Title 2 of, the Government Code, to amend Section 412.5 of, and to add Section 431.5 to, the Military and Veterans Code, to amend Section 75250.1 of, to add Section 21080.12 to, and to add and repeal Chapter 14 (commencing with Section 5875) of Division 5 of, the Public Resources Code, and to amend Section 281 of the Public Utilities Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.LEGISLATIVE COUNSEL'S DIGESTAB 127, Committee on Budget. State government.(1) Existing law, the California Age-Appropriate Design Code Act, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.Existing law establishes the California Childrens Data Protection Working Group to deliver a report to the Legislature on or before January 1, 2024, and every 2 years thereafter, regarding best practices for the implementation of these provisions, as specified. Existing law requires the working group to select a chair and a vice chair from among its members and requires the working group to consist of 10 members, as specified.This bill would specify that the working group is within the Office of the Attorney General, and would require the report to, instead, be delivered on or before July 1, 2024, and every 2 years thereafter. The bill would instead require the working group to consist of 9 members, as specified. The bill would permit meetings of the working group to be conducted by means of remote communication, as specified.(2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines appropriations subject to limitation of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines appropriations subject to limitation of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, state subventions as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.For fiscal years commencing with the 202021 fiscal year, existing law defines state subventions to additionally include money provided to a local agency pursuant to certain state programs and requires any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would require the Department of Finance to, no later than February 1 of each year, calculate the individual subvention amounts for each of those state programs and provide this information on an annual basis to the California State Association of Counties and the League of California Cities for distribution to local agencies. The bill would require local agencies to use the calculations provided for purposes of the above-described appropriations limit. By revising the duties of local officials with respect to the limitation of appropriations by local agencies, this bill would impose a state-mandated local program.(3) Existing law, until January 1, 2027, establishes the Commission on the State of Hate in the state government, and specifies the goals of the commission, including providing resources and assistance to various state agencies, law enforcement agencies, and the public on the state of hate to keep these entities and the public informed of emerging trends in hate-related crime. Existing law provides for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature, and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation.This bill would instead authorize appointed members of the commission to receive a per diem of $100 for each public meeting and community forum of the commission that they attend, and would also entitle those individuals to reimbursement for expenses incurred. The bill would provide that legislative members, ex officio members, and nonmember advisers of the commission are not entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation. Existing law requires the commission to issue an annual State of Hate report to the Governor and Legislature by July 1 of each year that describes the activities from the previous year and the recommendations for the following year. Existing law requires that report to include prescribed information, including a comprehensive accounting of hate crime activity statewide and relevant hate crime trends and statistics. Existing law requires the first annual report to be made available by July 1, 2023.For the annual report due by July 1, 2024, and July 1, 2025, the bill would instead require the commission to include that above-described information in the report only to the extent that specified information is available. For any annual report due by and after July 1, 2026, the bill would instead require the commission to include that above-described information.(4) Existing law, the California Youth Empowerment Act, establishes the California Youth Empowerment Commission within the state government to advise on providing meaningful opportunities for civic engagement to improve the quality of life for Californias disconnected and disadvantaged youth. Existing law establishes the Office of Planning and Research within the Governors office, and sets forth its powers and duties.This bill would place the commission within the Office of Planning and Research. The bill would make conforming changes.Existing law requires the commission, on or before January 1, 2024, and annually thereafter, to publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission.This bill would instead require the commission to publish the first annual report on or before May 30, 2025.Existing law requires the Governor to appoint an executive director of the commission to, among other duties, assist the commission in carrying out its work and hire commission staff, including hiring deputy directors.This bill would delete the duty to hire deputy directors from the executive directors duties.Under existing law, these provisions are to be implemented only if funds are made available in the budget or through gifts and grants.This bill would instead specify that these provisions are to be implemented upon appropriation by the Legislature.Existing law repeals these provisions on January 1, 2027.This bill would instead repeal them on January 1, 2030.(5) Existing law establishes an Office of Health Equity in the State Department of Public Health for purposes of aligning state resources, decisionmaking, and programs to accomplish certain goals related to health equity and protecting vulnerable communities. Existing law requires the office to develop departmentwide plans to close the gaps in health status and access to care among the states diverse racial and ethnic communities, women, persons with disabilities, and the lesbian, gay, bisexual, transgender, queer, and questioning communities, as specified. Existing law requires the office to work with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts by, among other things, prioritizing building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity.Existing law establishes the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies. Existing law requires the task force to submit a written report of its findings and recommendations to the Legislature.This bill, until January 1, 2030, would establish in state government a Racial Equity Commission. The bill would require the commission to be staffed by the Office of Planning and Research. The bill would require the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California. The bill would require the commission to prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity and to submit that report, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature, as specified. (6) Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist. That act provides that the California Emergency Relief Fund is created as a special fund in the State Treasury to provide emergency resources or relief relating to state of emergency declarations proclaimed by the Governor.This bill would authorize the Department of Finance to transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(7) Existing law, the Dixon-Zenovich-Maddy California Arts Act of 1975, establishes the Arts Council, consisting of 11 appointed members, and sets forth its powers and duties, including providing for the exhibition of art works in public buildings throughout California.This bill would require, upon appropriation by the Legislature, the Arts Council to establish the California Creative Economy Workgroup to develop a strategic plan for the California creative economy. The bill would provide for the membership of the workgroup and require the workgroup to, among other things, collect and analyze data on the state of the California creative economy. The bill would require the workgroup to publish a report detailing the findings and recommendations of the workgroup on the councils website, and submit the report to the appropriate committees of the Legislature by June 30, 2025. The bill would authorize the council to enter into a contract with a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report, as specified. The bill would repeal these provisions on July 1, 2025.(8) Existing law requires the Department of General Services, when authorized to sell or otherwise dispose of lands declared excess by a state agency and the department determines that the use of the land is not needed by any other state agency, to sell or otherwise dispose of the land in accordance with specified requirements. Existing law requires the net proceeds received from any real property disposition pursuant to those provisions to be paid to the Deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds issued pursuant to the Economic Recovery Bond Act are retired, and, thereafter, to be deposited in the Special Fund for Economic Uncertainties. Notwithstanding that requirement, existing law requires the department to deposit into the General Fund the net proceeds of a lease entered into pursuant to certain provisions after specified deductions are made.This bill would authorize the department to deposit some or all of the net proceeds from the above-described real property dispositions into the Property Acquisition Law Money Account to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, as defined. The bill would exempt those deposits necessary to maintain the operating reserve from the above-described requirement to deposit the net proceeds of leases into the General Fund.Existing law authorizes the department, with the consent of the state agency concerned, to let for a period not to exceed 5 years any real or personal property that belongs to the state if the director deems it to be in the best interest of the state. Existing law requires any money received pursuant to those provisions to be deposited in the Property Acquisition Law Money Account, and makes those funds available upon appropriation by the Legislature.This bill would exempt funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing from the requirement that the funds be made available upon appropriation by the Legislature.(9) Existing law establishes the Department of Technology within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. Existing law requires an entity within the executive branch that is under the direct authority of the Governor to implement the policies and procedures issued by the office and authorizes the office to conduct, or require to be conducted, an independent security assessment of every state agency, department, or office, as specified.Existing law requires state agencies not covered by those above-described provisions to adopt and implement information security and privacy policies, standards, and procedures based upon standards issued by the National Institute of Standards and Technology and the Federal Information Processing Standards, as specified. Existing law requires these state agencies to certify, by February 1 annually, to the President pro Tempore of the Senate and the Speaker of the Assembly that the agency is in compliance with all adopted policies, standards, and procedures and to include a plan of action and milestones, as specified. Existing law requires the certifications to be kept confidential and requires the President pro Tempore of the Senate and the Speaker of the Assembly to consult with these state agencies on how to ensure confidentiality of the certifications and to determine the form required for certification.This bill would delete the above-described consultation requirements and would impose various security requirements, including, among others, restricting the transfer and storage methods of the certifications to electronic means. The bill would instead require these state agencies to submit the certifications to the Office of Information Security and would require the office to develop a form for this purpose. The bill would authorize the office to make recommendations and offer assistance to a state agency on completing the above-described plan of action and milestones, as specified. The bill would require the office to review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 annually thereafter, to the appropriate legislative committees and the Legislative Analysts Office. The bill would authorize a state agency, in lieu of complying with specified provisions, to instead annually submit a declaration to the Chief of the Office of Information Security, by January 15, confirming that the state agency is in compliance with those above-described provisions that apply to entities within the executive branch that is under the direct authority of the Governor. Because this declaration would be made under penalty of perjury, the bill would expand the crime of perjury, thereby imposing a state-mandated local program.(10) Existing law establishes, within the Department of Technology, the Office of Broadband and Digital Literacy and requires the office, consistent with the appropriation in the Budget Act of 2021, to oversee the acquisition and management of contracts for the development and construction of, and for the maintenance and operation of, a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the broadband network to facilitate high-speed broadband service, as specified. Existing law requires the office, where feasible, to consider a term of access to dark fiber for no less than a 20-year indefeasible right to use and to consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.This bill would, where available, authorize the Office of Broadband and Digital Literacy to enter into an agreement for the indefeasible right-to-use fiber only if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built under the authority of the office. The bill would, upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to these provisions, require the department within 60 days to update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts.Existing law creates the Department of Technology Services Revolving Fund within the State Treasury to receive all revenues from the sale of technology or specified technology services, for other services rendered by the Department of Technology, and all other moneys properly credited to the Department of Technology and to be used, upon appropriation by the Legislature, for specified purposes with respect to the administration of the Department of Technology.This bill would create the State Middle-Mile Broadband Enterprise Fund. The bill would require internet service providers, governmental entities, and other users of the statewide open-access middle-mile broadband network to pay the Department of Technology fees for connection to the statewide open-access middle-mile broadband network, as provided. The bill would also require all revenues payable to the Department of Technology for activities undertaken for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network to be deposited in the fund. The bill, until July 1, 2027, would continuously appropriate moneys in the fund to the Department of Technology for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network, thereby making an appropriation. On or after July 1, 2027, moneys in the fund are available for expenditure upon appropriation by the Legislature.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Public Housing Account and the Federal Funding Account. Under existing law, of the $2,000,000,000 appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission is required to allocate $1,000,000,000 for projects in rural counties and $1,000,000,000 for projects in urban counties, as specified. Existing law, until June 30, 2023, authorizes applicants to apply for and encumber specified allocated moneys for last-mile broadband projects, and would provide that any moneys not allocated pursuant to prescribed provisions shall be made available to the commission for the construction of last-mile broadband infrastructure anywhere in the state.This bill would require the commission to prioritize grants from the Broadband Public Housing Account to existing publicly supported housing developments that have not yet received a grant from the account and do not have access to free broadband internet service onsite. The bill would change the time period for applicants to apply for and encumber specified allocated moneys described above from June 30, 2023, to September 30, 2024.(11) Existing law establishes the Made in California Program within the Governors Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a Made in U.S.A. label, as provided.This bill would remove the requirement that a company establish that the finished product could lawfully use a Made in U.S.A. label in order to be eligible under the program.Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.This bill would remove the requirement that the certification described above be a qualified third-party certification.Existing law requires the office to report to the Legislature on January 1 each year regarding the offices expenditures, progress, and ongoing priorities with the program.This bill would change the reporting date to February 15 of each year and would additionally require the report described above to include, among other things, the number of companies registered for the Made in California label and any other information about the program that the office deems appropriate.(12) Existing law establishes the Governors Office of Business and Economic Development, also known as GO-Biz, to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law prescribes the duties and functions of the Director of the Governors Office of Business and Economic Development.Existing law establishes the California Office of the Small Business Advocate (CalOSBA) within GO-Biz to serve as the principal advocate on behalf of small businesses, including to represent the views and interests of small businesses, among other duties. Existing law establishes various grant programs within CalOSBA.Chapter 74 of the Statutes of 2021 created, and Chapter 68 of the Statutes of 2022 subsequently amended, the California Venues Grant Program within CalOSBA to provide grants, subject to appropriation by the Legislature, to certain independent live events that have been affected by COVID-19 in order to support their continued operation, as specified. The program was repealed on December 31, 2022.This bill would reenact the program and would repeal it on June 30, 2024.Existing law establishes, upon appropriation by the Legislature, the California Regional Initiative for Social Enterprises Program within CalOSBA to provide financial and technical assistance to employment social enterprises for purposes of accelerating economic mobility and inclusion for individuals who experience employment barriers. Existing law requires CalOSBA to administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents through June 30, 2024.This bill would remove the disbursement end date mentioned above.Existing law establishes the California Nonprofit Performing Arts Grant Program within CalOSBA for the purpose of providing grants to eligible nonprofit performing arts organizations, as defined, to encourage workforce development. Existing law repeals the program on June 30, 2023.Existing law establishes the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants, in accordance with specified criteria, including geographic distribution based on COVID-19 restrictions, industry sectors most impacted by the pandemic, and underserved small businesses. Existing law repeals the program on January 1, 2024.Existing law establishes the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program within GO-Biz and implemented by CalOSBA to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. Existing law repeals the program on January 1, 2024.This bill would extend the repeal dates of the California Nonprofit Performing Arts Grant Program, the California Small Business COVID-19 Relief Grant Program, and the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to June 30, 2024.Existing law establishes, until June 30, 2023, the California Microbusiness COVID-19 Relief Grant Program within CalOSBA to assist qualified microbusinesses, as defined and certified under penalty of perjury, that have been significantly impacted by the COVID-19 pandemic, as provided. Existing law requires CalOSBA to administer a request for proposal in no more than 2 rounds for a specified period of time per round for eligible grantmaking entities, defined as a county or consortium of nonprofit, community-based organizations, as specified, and, subject to appropriation by the Legislature, requires a grantmaking entity that receives an allocation to administer a county program to, among other things, award individual grants to qualified microbusinesses.This bill would extend the repeal date of the California Microbusiness COVID-19 Relief Grant Program to June 30, 2024, and make conforming changes. By extending a program that requires qualified microbusinesses to make specified certifications under penalty of perjury, the bill would expand the scope of the crime of perjury and would thereby impose a state-mandated local program.(13) Existing law, until January 1, 2025, establishes the California Small Agricultural Business Drought Relief Grant Program in the Office of the Small Business Advocate, under the authority of its director, to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions, as prescribed. Existing law requires the office to allocate grants to qualified small agricultural businesses that meet the requirements of the program, upon appropriation of grant funds by the Legislature. Existing law defines a qualified small business for these purposes to mean a small business that meets specified criteria, including that the small business 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 and has been affected by severe drought according to the United States Department of Agriculture drought monitor. Existing law requires the office to report to the Legislature, on or before December 31, 2024, on the number of grants and dollar amounts awarded for specified categories.This bill would rename the program as the California Small Agricultural Business Drought and Flood Relief Grant Program and would extend the program until January 1, 2027. The bill would expand the purpose of the program to additionally provide grants to qualified small agricultural businesses that have been affected by flood conditions. The bill would prescribe how program grant funds are to be allocated in the Budget Act of 2022 related to drought impacts and how those funds are to be allocated in the Budget Act of 2023 related to storm flooding impacts. The bill would update the definition of a qualified small business for these purposes to require that the small business be domiciled in California with 100 or fewer in the 2022 and 2023 taxable years. The bill would expand the definition of a qualified small business to include a small business that is within or serves a county that has a state or federal disaster declaration for flooding. The bill would authorize the office to amend an existing contract with a fiscal agent to meet the requirements of the bills provisions, and would also authorize applicants to apply for relief grants under these provisions. The bill would require the office to report to the Legislature, on or before December 31, 2026, on the number of grants and dollar amounts awarded for specified categories. The bill would also make various conforming changes.(14) Existing law, the Financial Information System for California (FISCal) Act, requires the Department of Finance, the Controller, the Department of General Services, and the Treasurer to collaboratively develop, implement, and utilize a single integrated financial management system for the state, as prescribed. To facilitate the transition of the states accounting book of record, existing law requires, on or before July 1, 2023, the Controller to provide the necessary system and interface requirements to the department to perform accounting functions and produce financial reports, as specified, and, on or before March 1, 2023, and with the department, to evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality.This bill would, instead, require the Controller to provide the above-described system and interface requirements and, with the department, evaluate and develop the above-described timeline on December 31, 2023, to facilitate the integration of the states accounting book of record by July 1, 2026.(15) Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law requires the office to develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in ZEV deployment.Existing law requires the equity action plan to include, among other things, recommendations on actionable steps and metrics to measure and improve access to ZEVs, infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities. Existing law also requires the office to assess progress towards the plan, as specified.This bill would instead require the equity action plan to include recommendations on actionable steps and metrics to measure and improve access to ZEVs, public and private charging infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership. The bill would also require the assessment of progress towards the equity action plan to include metrics tracking state and federal subsidies for ZEVs and different ownership structures for ZEVs.(16) Existing law creates the Attorney General antitrust account in the General Fund, which is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for refund of any money erroneously paid into the account. Money in the account is available for expenditure only upon appropriation by the Legislature in the annual Budget Bill and if at any time the account exceeds $3,000,000, the excess is required to be transferred to the unallocated funds within the General Fund.This bill would delete the requirement that amounts in excess of $3,000,000 be transferred to the General Fund.Existing law generally makes the Attorney General responsible for representing state agencies in litigation matters. Under existing law, revenues in the Litigation Deposits Fund are continuously appropriated to the Department of Justice for litigation purposes. Existing law establishes the Legal Services Revolving Fund and requires state agency payments for legal services rendered by the Attorney General to be deposited therein. Existing law authorizes the Attorney General to expend the money in the Legal Services Revolving Fund, upon appropriation by the Legislature, for litigation activities. Existing law authorizes the Department of Justice to expend revenues transferred to the Legal Services Revolving Fund from the Litigation Deposits Fund only if approved by the Department of Finance.Existing law requires the Department of Justice to prepare and submit to specified individuals quarterly reports concerning the activity of the Litigation Deposits Fund that detail the number of deposits received, the receipt of interest income, disbursements to claimants, and the amount used for litigation costs of the department.This bill would, commencing July 1, 2023, require the Department of Justice to transfer deposited funds, with certain exceptions, to the General Fund or a state special fund subject to legislative oversight no later than 3 months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. The bill would require the Department of Justice to transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.The bill would require the Department of Justice to provide specified information with the quarterly reports concerning the activity of the Litigation Deposits Fund, including the number of new deposits received as of the prior report, the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case.(17) Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds. Existing law authorizes tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. Existing law requires the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.This bill would instead require that the planning and construction of the monument be funded exclusively through private funding from the tribal nations in the Sacramento, California region, and require the Department of General Services to be responsible for regular maintenance of the monument, as specified.(18) Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.Existing law establishes the Department of General Services within the Government Operations Agency and requires it to perform various functions and duties with respect to property within the state, including assisting in the development of permanent supportive housing and emergency shelters.This bill would authorize the Department of General Services to assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, as defined, in prescribed cities and counties if the political subdivision has declared a shelter crisis. The bill would limit the authority granted under the bill to the delivery of up to 1,200 emergency sleeping cabins. The bill would require the Department of General Services to execute a prescribed written transfer agreement with the political subdivision. The bill would authorize the department, in providing assistance to political subdivisions, to utilize any delivery method it deems appropriate and advantageous. The bill would further authorize the department to carry out a project on real property that is not owned by the state, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins. The bill would exempt work performed by the Department of General Services under the bill from specified laws and regulations, including provisions relating to public contracts, state building standards, and, with certain exceptions, the California Environmental Quality Act. These provisions would be repealed as of January 1, 2025.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(19) Existing law establishes the Office of Tax Appeals, and requires the office to publish a written opinion for each appeal decided by each tax appeals panel, as described. Existing law also requires the office to adopt regulations as necessary or appropriate to carry out the purposes of the office. Existing law, the Administrative Procedure Act, generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law exempts any standard, criterion, procedure, determination, rule, notice, or guideline established by the office from the requirements of the APA. This bill would restate the existing exemption from the Administrative Procedure Act to instead apply to any policy, procedure, notice, or guideline issued by the office. The bill would also exempt any final written opinion published by office from the requirements of the Administrative Procedure Act. The bill would authorize the office to designate any published written opinion as precedential in any matter or proceeding before the office, unless overruled, superseded, or otherwise designated nonprecedential by the office. The bill would declare that the designation of an opinion as precedential is not a rulemaking within the meaning of the Administrative Procedure Act.(20) Existing law establishes the Litigation Deposits Fund, under the control of the Department of Justice and consisting of moneys received by the state as litigation deposits, as specified. Existing law authorizes the Controller to use money in the fund for cashflow loans to the General Fund, as specified.This bill would authorize the Department of Finance to authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process, as specified.(21) Existing law authorizes the Adjutant General and the Military Department to establish support programs and educational programs for the benefit of the Military Department and its soldiers, airmen, and cadets, and their family members. Existing law establishes the California Military Department Support Fund to support those programs. Existing law also establishes the California National Guard Military Family Relief Fund as an account within the California Military Department Support Fund for the purpose of providing financial aid grants to eligible members of the California National Guard who are California residents and who have been called to active duty.This bill would repeal the California National Guard Military Family Relief Fund and deposit all remaining moneys from the fund into the California Military Department Support Fund. The bill would also remove the aid grant program funded by the California National Guard Military Family Relief Fund.(22) Existing law allows the Adjutant General of the Military Department to lease or authorize the use of armories that are built or acquired by the state and requires all revenues to be deposited in the Armory Discretionary Improvement Account.This bill would establish the Army Facilities Agreement Program Income Fund. The bill would require revenue received from nonfederal tenants use of Military Department facilities to be deposited into the fund, and upon appropriation by the Legislature, made available for maintenance of Army National Guard facilities.(23) Under existing law, the Department of Parks and Recreation controls the state park system. Existing law provides that the General Fund consists of money received into the State Treasury not required by law to be credited to any other fund.This bill would create the Southeast Los Angeles Cultural Center Development Advisory Panel to provide advice to the state and the County of Los Angeles in the development of the Southeast Los Angeles Cultural Center. The bill would require the department to convene the panel within 60 days of completion of appointments to the panel. The bill would require the panel to be chaired by the Director of Parks and Recreation and would authorize the county supervisor of southeast Los Angeles for the 4th supervisorial district to cochair the panel, as provided. The bill would require the Secretary of the Natural Resources Agency, and would authorize the county supervisor, to appoint 9 panel members, as provided. The bill would require the panel to, among other things, by January 1, 2027, develop a recommended operations plan for the Southeast Los Angeles Cultural Center, which shall not include a commitment of ongoing state resources for operation and maintenance.The bill would make these provisions inoperative on July 1, 2032, and would repeal them as of January 1, 2033.This bill would make legislative findings and declarations as to the necessity of a special statute for the southeast Los Angeles region.(24) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Office of Planning and Research in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency.This bill would exempt from CEQA the actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to CEQA or by a tribe pursuant to an alternative process or program implemented by the tribe for evaluating environmental impacts.(25) Existing law establishes the Community Resilience Center Program, administered by the Strategic Growth Council in coordination with the Office of Planning and Research, to provide funding for the construction of new, or the retrofitting of existing, facilities that will serve as community resilience centers, as specified. Existing law authorizes the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain provisions that authorize specified state departments and authorities to make advance payments to community-based private nonprofit agencies under certain circumstances and subject to certain requirements.This bill would instead authorize the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain other provisions that authorize state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met and subject to certain requirements.This bill would make these provisions inoperative on July 1, 2025, and would repeal them as of January 1, 2026.(26) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(27) 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: YES Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1798.99.32 of the Civil Code is amended to read:1798.99.32. (a) The California Childrens Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.(b) Working group members shall consist of Californians with expertise in at least two of the following areas:(1) Childrens data privacy.(2) Physical health.(3) Mental health and well-being.(4) Computer science.(5) Childrens rights.(c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:(1) Two appointees by the Governor.(2) Two appointees by the President Pro Tempore of the Senate.(3) Two appointees by the Speaker of the Assembly.(4) Two appointees by the Attorney General.(5) One appointee by the California Privacy Protection Agency.(d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:(1) Identifying online services, products, or features likely to be accessed by children.(2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.(3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.(4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.(5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.(6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.(e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).(f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.(g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.(h) This section shall remain in effect until January 1, 2030, and as of that date is repealed.SEC. 2. Section 7903 of the Government Code is amended to read:7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) Sexually transmitted disease prevention and control activities (Section 120511 of the Health and Safety Code).(E) Support for vital public health activities (Article 7 (commencing with Section 101320) of Chapter 3 of Part 3 of Division 101 of the Health and Safety Code).(F) County administration for Medi-Cal eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified precare and postcare services for individuals treated in short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental health plan costs for Continuum of Care Reform (Sections 4096.5 and 11462.01 of the Welfare and Institutions Code).(N) Mobile crisis services (Section 14132.57 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Funds distributed from the Mental Health Services Fund pursuant to Section 5892 of the Welfare and Institutions Code.(Q) Drug Medi-Cal organized delivery system, excluding Narcotic Treatment Program services (Section 14184.401 of the Welfare and Institutions Code).(R) Drug Medi-Cal, excluding Narcotic Treatment Program services (Section 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022).(T) Mental Health Student Services Act partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program (Chapter 25 of the Statutes of 2016 (Assembly Bill No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey (Executive Order No. N-32-20 and Item 5180-151-0001 of the Budget Act of 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item 5180-493 of the Budget Act of 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of 2022).(AE) Adult Protective Services (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code).(AF) Adult corrections and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections planning and grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Title 10.2 (commencing with Section 14130) of the Penal Code, Chapter 337 of the Statutes of 2020 (Senate Bill No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of 2021).(AK) Department of Cannabis Control grant (Item 1115-101-0001 of the Budget Act of 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural land burning in San Joaquin Valley (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for fire and rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment resolution grants (Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Sections 50675.1.1 to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) No later than February 1 of each year, the Department of Finance shall do both of the following:(A) Calculate for each local agency the individual subvention amounts for each program listed in paragraph (1) of subdivision (b).(B) Provide the information described in subparagraph (A) to the California State Association of Counties and the League of California Cities for distribution to local agencies.(2) Local agencies shall utilize the amounts calculated by the Department of Finance and provided to them pursuant to this subdivision for purposes of Article XIIIB of the California Constitution and this division.(d) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(e) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code.SEC. 3. Section 8010 of the Government Code is amended to read:8010. (a) There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows:(1) Five members appointed by the Governor.(2) Two members appointed by the Speaker of the Assembly.(3) Two members appointed by the Senate Committee on Rules.(b) Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information, including and especially persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities.(c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:(1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.(2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years.(d) The members shall elect one of their number to serve as chairperson of the commission.(e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.(2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the states diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.(f) (1) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties.(2) The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(3) The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(g) Members of the commission may select representatives to attend commission activities if they are unable to attend.(h) (1) A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses.(2) Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.(i) The commission shall have the following goals:(1) Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime.(2) Engage in fact finding, data collection, and the production of annual reports on the state of hate and hate-related crimes.(3) Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime.(4) Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following:(A) Promote intersocial education designed to foster mutual respect and understanding among Californias diverse population.(B) Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance.(C) Advise on related matters periodically.(j) The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts.(k) Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023.(1) For the Annual State of Hate Commission Report that is due by and after July 1, 2026, the commission shall prepare a report that includes all of the following:(A) A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics.(B) Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes.(C) Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes.(D) Recommendations for actions to be taken by communities that will help respond to and reduce instances of hate crimes.(E) Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes.(2) For the Annual State of Hate Commission Report that is due by July 1, 2024, and July 1, 2025, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available.(3) For purposes of this subdivision, hate crime has the same meaning as defined in Section 422.55 of the Penal Code.(4) Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual.(l) Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023.(m) All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795.(n) In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant law.(o) The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following:(1) Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(2) Federal grant programs.SEC. 4. Section 8263 of the Government Code is amended to read:8263. (a) There is in the Office of Planning and Research the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows:(1) Eleven public members appointed by the Governor, subject to the following requirements:(A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor.(B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner.(C) Five of the commissioners shall be between 14 to 18 years of age.(D) Five of the commissioners shall be between 18 to 25 years of age.(E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration.(F) One at-large commissioner, who may be between 14 to 25 years of age.(2) One at-large public member appointed by the Senate Committee on Rules.(3) One at-large public member appointed by the Speaker of the Assembly.(4) The Governor may appoint alternates for those described in paragraph (1).(b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows:(1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba.(2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity.(3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco.(4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne.(5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura.(6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare.(7) The Inland Empire region consists of the Counties of Riverside and San Bernardino.(8) The Los Angeles region consists of the County of Los Angeles.(9) The Orange County region consists of the County of Orange.(10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego.(c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission.(d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of Californias youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives.SEC. 5. Section 8270 of the Government Code is amended to read:8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before August 2023, or not later than eight months after funding is made available for this purpose.SEC. 6. Section 8272 of the Government Code is amended to read:8272. The commission shall do the following:(a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California.(b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following:(1) Achievement gap.(2) Behavioral and physical health.(3) Bullying.(4) Career preparation.(5) Child welfare.(6) Child and sexual abuse.(7) Civic engagement.(8) Climate crisis.(9) College affordability and student loans.(10) Depression and suicide.(11) Education.(12) Employment.(13) Financial literacy.(14) Foster care.(15) Gun violence.(16) Health care.(17) Homelessness.(18) Housing and transportation.(19) Immigration and undocumented youth.(20) Juvenile justice.(21) Labor and jobs.(22) LGBTQ civil rights.(23) Mental health.(24) Poverty.(25) Racial, economic, and gender equity.(26) Reproductive justice.(27) Safety.(28) Social media and networking.(29) Substance abuse and vaping.(30) Youth development.(31) Any other policy or fiscal issues deemed appropriate by the commission.(c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth.(d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video.(e) On or before May 30, 2025, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795.SEC. 7. Section 8274 of the Government Code is amended to read:8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following:(a) Assist the commission in carrying out its work.(b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated.(c) Be responsible for the management and administration of the commission staff.(d) Perform other duties as directed by the commission.SEC. 8. Section 8275 of the Government Code is amended to read:8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter.(b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission.(c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commissions dependence on state funding.(d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission.(e) This chapter shall be implemented upon appropriation by the Legislature.SEC. 9. Section 8276 of the Government Code is amended to read:8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 10. Chapter 4.6 (commencing with Section 8303) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 4.6. Racial Equity Commission8303. As used in this chapter:(a) Commission means the Racial Equity Commission established pursuant to Section 8303.1.(b) Racial equity means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups.(c) Structural racism means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups.8303.1. (a) There is established in state government a Racial Equity Commission, within the Office of Planning and Research.(b) The commission shall consist of 11 members who are residents of California. Of the members of the commission, seven members shall be appointed by the Governor, two shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Speaker of the Assembly.(c) Members of the commission shall be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment.(d) (1) A person appointed to the commission shall have demonstrated expertise and meet criteria in at least one of the following areas:(A) Analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities.(B) Developing or using data or budget equity assessment tools.(C) Providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes.(D) Be a member of, or represent an equity-focused organization who works with, an impacted community whose lived experience will inform the work of the office, including, but not limited to, members of the disability, immigrant, womens, and LGBTQ communities.(2) Appointing authorities shall consider the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of the state so that the commission reflects the communities of California.(3) Commission members shall serve without compensation, but they may be reimbursed for actual, preapproved expenses incurred in connection with their duties.(e) The commission shall be staffed by the Office of Planning and Research.(f) The commission shall have all of the following powers and authority:(1) To hold hearings, make and sign agreements, and to perform acts necessary to carry out the purposes of this chapter.(2) (A) To engage with advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for projects of the commission.(B) Section 11009 applies to advisers or advisory committees described in this paragraph.(3) To accept any federal funds granted by act of Congress or by executive order for the purposes of this chapter.(4) To accept any gifts, donations, grants, or bequests for the purposes of this chapter.8303.3. (a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following:(1) (A) In consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The final Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April 1, 2025, and posted to the commissions internet website.(B) The Racial Equity Framework shall set forth all of the following:(i) Methodologies and tools that can be employed to advance racial equity and address structural racism in California.(ii) Budget methodologies, including equity assessment tools, that entities can use to analyze how budget allocations benefit or burden communities of color.(iii) Processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including disaggregation by race, ethnicity, sexual orientation and gender identity, disability, income, veteran status, or other key demographic variables and the use of proxies.(iv) Input and feedback from stakeholder engagements.(2) Upon request by an agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework.(3) Engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commissions work, as described.(4) Engage, collaborate, and consult with policy experts in order to conduct analyses and develop tools, including building on and collaborating with existing bodies, as appropriate.(5) Promote the ongoing, equitable delivery of benefits and opportunities by doing both of the following:(A) Upon request, providing technical assistance to local government entities engaging in racial equity programming.(B) Encouraging the formation and implementation of racial equity initiatives in local government entities, including cities and counties.(b) (1) The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity. The report shall be submitted, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature and shall be posted publicly on the internet website of the commission.(2) A report submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795.8303.5. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) This chapter shall become inoperative on January 1, 2030, and as of that date is repealed.SEC. 11. Section 8654.2 of the Government Code, as added by Section 1 of Chapter 3 of the Statutes of 2022, is amended and renumbered to read:8654.1.5. (a) There is hereby created the California Emergency Relief Fund as a special fund in the State Treasury. This fund is established to provide emergency resources or relief relating to state of emergency declarations by the Governor.(b) The Department of Finance may transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(c) The sum of one hundred fifty million dollars ($150,000,000) is hereby transferred from the General Fund to the California Emergency Relief Fund for purposes relating to the COVID-19 emergency proclaimed by the Governor on March 4, 2020.(d) For the purposes of providing emergency relief to small business impacted by the COVID-19 pandemic, one hundred fifty million dollars ($150,000,000) from the California Emergency Relief Fund is appropriated to the Office of Small Business Advocate within the Governors Office of Business and Economic Development for a closed round to fund small business grant applications waitlisted from previous rounds of the California Small Business COVID-19 Relief Grant Program (Article 8 (commencing with Section 12100.80) of Chapter 1.6 of Part 2 of Division 3).SEC. 12. Chapter 9.4 (commencing with Section 8759) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 9.4. California Creative Economy Workgroup8759. For purposes of this chapter, the following definitions apply:(a) Council means the Arts Council, as described in Section 8751.(b) Director means the director of the Arts Council, as described in Section 8754.(c) Workgroup means the California Creative Economy Workgroup.8759.1. (a) (1) The council shall establish the California Creative Economy Workgroup, upon appropriation by the Legislature, to develop a strategic plan for the California creative economy, with members as provided in this section.(2) Funds appropriated by the Legislature pursuant to this chapter shall be available for expenditure until July 1, 2025.(b) The director, or their designee, shall serve as chair of the workgroup.(c) The director, or their designee, shall invite the following entities to formally participate in the workgroup:(1) A county representative identified by the California State Association of Counties with experience in county arts and cultural affairs.(2) A city representative identified by the League of California Cities with experience in city arts and cultural affairs.(3) Five representatives from the California arts community, including, but not limited to, the following sectors:(A) Film, television, and video production.(B) Recorded audio and music production.(C) Animation production.(D) Video game development.(E) Live theater, orchestra, ballet, and opera.(F) Live music performance.(G) Visual arts, including sculpture, painting, graphic design, and photography.(H) Production facilities, including film and television studios.(I) Live music or performing arts venues.(4) A representative from a California public institution of higher education or nonprofit research institution with experience in matters involving small businesses or cultural arts, or both.(5) The Director of the Governors Office of Business and Economic Development, or their designee.(6) The Secretary of Labor and Workforce Development, or their designee.(7) Two ex officio, nonvoting members, who shall be Members of the Assembly and be appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the Speaker of the Assembly and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(8) Two ex officio, nonvoting members, who shall be Senators and be appointed by the Senate Rules Committee. These members shall serve at the pleasure of the Senate Rules Committee and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(9) A representative of a federally recognized Indian tribe.(10) Any other state agency representatives or stakeholder group representatives, at the discretion of the director or their designee.8759.2. The workgroup shall do all of the following:(a) Collect and analyze data on the state of the California creative economy.(b) (1) Develop a strategic plan to improve the competitiveness of the California creative economy with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan shall be structured to roll out in incremental phases to support the creative economy at large, including specific strategies to reach historically marginalized communities, and incorporate the diverse interests, strengths, and needs of Californians.(2) In developing the strategic plan for the California creative economy, the workgroup shall do all of the following:(A) Identify existing studies of aspects affecting the creative economy, including, but not limited to, studies relating to tax issues, legislation, finance, population and demographics, and employment.(B) Conduct a comparative analysis with other jurisdictions, including other states, that have successfully developed creative economy plans and programs.(C) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Californias creative economy.(D) Evaluate existing state and county tax incentives, grant programs, and government initiatives to make recommendations for improvements to support the creative economy.(E) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy.(F) Identify geographic areas with the least amount of access or opportunity for a creative economy.(G) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.(H) Identify opportunities for earn and learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated interest in creative work in their communities.(I) Identify existing initiatives and projects that can be used as models for earn and learn opportunities or as examples of best practices that can be replicated statewide or in different regions.(c) (1) Notwithstanding Section 10231.5, publish a report detailing the findings and recommendations of the workgroup on the councils internet website, and submit the report to the appropriate committees of the Legislature by June 30, 2025.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.8759.3. (a) (1) The council may use funding, upon appropriation by the Legislature, to support the activities of the workgroup, including entering into a contract with a nonprofit organization and covering administrative expenses of the workgroup.(2) The director, or their designee, may, after issuing a request for proposals, designate a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report pursuant to Section 8759.2.(b) A nonprofit organization contracted by the council shall have experience conducting business in professional arts, or experience in business development and drafting business plans and multidisciplinary planning documents.8759.4. This chapter shall remain in effect only until July 1, 2025, and as of that date is repealed.SEC. 13. Section 11011 of the Government Code is amended to read:11011. (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, but not be limited to, the following:(1) Land not currently being utilized, or currently being underutilized, by the state agency for any existing or ongoing state program.(2) Land for which the state agency has not identified any specific utilization relative to future programmatic needs.(3) Land not identified by the state agency within its master plans for facility development.(b) Jurisdiction of all land reported as excess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by law.(c) The Department of General Services shall report to the Legislature annually, the land declared excess and request authorization to dispose of the land by sale or otherwise.(d) The Department of General Services shall review and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code before recommending or taking any action on surplus land, and shall also circulate the reports to all state agencies that are required to report excess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may give priority to proposals by the state that involve the exchange of surplus lands for lands listed in those reports.(e) Except as otherwise provided by any other law, whenever any land is reported as excess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by any other state agency. If the Department of General Services determines that any land is needed by any other state agency it may transfer the jurisdiction of this land to the other state agency upon the terms and conditions as it may deem to be for the best interests of the state.(f) When authority is granted for the sale or other disposition of lands declared excess, and the Department of General Services has determined that the use of the land is not needed by any other state agency, the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon any terms and conditions and subject to any reservations and exceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Legislature annually, with respect to each parcel of land authorized to be sold under this section, giving the following information:(1) A description or other identification of the property.(2) The date of authorization.(3) With regard to each parcel sold after the next preceding report, the date of sale and price received, or the value of the land received in exchange.(4) The present status of the property, if not sold or otherwise disposed of at the time of the report.(g) (1) (A) Except as otherwise specified by law, the net proceeds received from any real property disposition, including the sale, lease, exchange, or other means, that is received pursuant to this section shall be paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, as approved by the voters at the March 2, 2004, statewide primary election, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. Thereafter, the net proceeds received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties.(B) Notwithstanding subparagraph (A), the department may deposit some or all of the net proceeds into the Property Acquisition Law Money Account for the purposes of maintaining an operating reserve sufficient to continue redeveloping excess state properties as affordable housing.(2) For purposes of this section, net proceeds shall be defined as proceeds less any outstanding loans from the General Fund, or outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred before June 30, 2005, related to the management of the states real property assets, including, but not limited to, surplus property identification, legal research, feasibility statistics, activities associated with land use, and due diligence.(3) For the purposes of this section, an operating reserve sufficient to continue redeveloping excess state properties as affordable housing means an amount not to exceed three years of operating costs to redevelop excess state properties as affordable housing.(h) The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account, which is hereby created in the State Treasury, for the purposes of supporting the management of the states real property assets.(i) Any rentals or other revenues received by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation by the Legislature.(j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of any state lands pursuant to any law now or hereafter enacted authorizing the sale, letting, or disposition.(k) (1) The disposition of a parcel of surplus state real property, pursuant to Section 11011.1, made on an as is basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) If the disposition of a parcel of surplus state real property, pursuant to Section 11011.1, is not made on an as is basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with Section 21000) of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.(3) For purposes of this subdivision, disposition means the sale, exchange, sale combined with an exchange, or transfer of a parcel of surplus state property.SEC. 14. Section 11011.2 of the Government Code is amended to read:11011.2. (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.(2) The Director of General Services may not lease any of the following real property pursuant to this section:(A) Tax-deeded land or lands under the jurisdiction of the State Lands Commission.(B) Land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons.(C) Lands under the jurisdiction of the State Coastal Conservancy or another state conservancy.(D) Lands under the jurisdiction of the Department of Transportation or the California State University system, or land owned by the Regents of the University of California.(E) Lands under the jurisdiction of the Department of Parks and Recreation.(F) Lands under the jurisdiction of the Department of Fish and Game.(3) A lease entered into pursuant to this section shall be set at the amount of the leases fair market value, as determined by the Director of General Services. The Director of General Services may determine the length of term or a use of the lease, and specify any other terms and conditions which are determined to be in the best interest of the state.(b) The Department of General Services may enter into a long-term lease of real property pursuant to this section that has outstanding lease revenue bonds and for which the real property cannot be disencumbered from the bonds, only if the issuer and trustee for the bonds approves the lease transaction, and this approval takes into consideration, among other things, that the proposed lease transaction does not breach a covenant or obligation of the issuer or trustee.(c) (1) All issuer- and trustee-related costs for reviewing a proposed lease transaction pursuant to this section, and all other costs of the lease transaction related to the defeasance or other retirement of any bonds, including the cost of nationally recognized bond counsel, shall be paid from the proceeds of that lease.(2) The Department of General Services shall be reimbursed for any reasonable costs or expenses incurred in conducting a transaction pursuant to this section.(3) Notwithstanding subdivision (g) of Section 11011, unless necessary to maintain the operating reserve referenced in that subdivision, the Department of General Services shall deposit into the General Fund the net proceeds of a lease entered into pursuant to this section, after deducting the amount of the reimbursement of costs incurred pursuant to this section or the reimbursement of adjustments to the General Fund loan made pursuant to Section 8 of Chapter 20 of the 200910 Fourth Extraordinary Session from the lease.(d) The Department of General Services shall transmit a report to each house of the Legislature on or before June 30, 2011, and on or before June 30 each year thereafter, listing every new lease that exceeds a period of five years entered into under the authority of this section and the following information regarding each listed lease:(1) Lease payments.(2) Length of the lease.(3) Identification of the leasing parties.(4) Identification of the leased property.(5) Any other information the Director of General Services determines should be included in the report to adequately describe the material provisions of the lease.SEC. 15. Section 11549.3 of the Government Code is amended to read:11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan.(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.(6) Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation.(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:(A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:(i) Personally identifiable information protected by law.(ii) Health information protected by law.(iii) Confidential financial data.(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:(I) Information asset management.(II) Risk management.(III) Information security program management.(IV) Information security incident management.(V) Technology recovery planning.(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.(f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following:(A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards:(i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications.(ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications.(iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications.(B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable.(2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time.(3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed.(4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones.(B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment.(C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive.(D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance.(E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analysts Office to further their oversight and budgetary responsibilities.(5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c).(6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University.(g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.(2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210.(h) The office may conduct or require to be conducted an audit of information security to ensure program compliance.(i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.(j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency.(2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency.(3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center.(4) For purposes of this subdivision, local educational agency means a school district, county office of education, charter school, or state special school.SEC. 16. Section 11549.57 of the Government Code is amended to read:11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies.(b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network.(c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use.(d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.(e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter.(f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network.SEC. 17. Section 11549.58 of the Government Code is amended to read:11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network.(b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor.(2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature.(c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network.(2) The broadband advisory committee shall comprise all of the following members:(A) A representative of the commission.(B) A representative of the department.(C) A representative of the Department of Transportation.(D) A representative of the Department of Finance.(E) A representative of the Government Operations Agency.(F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly.(G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules.(H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly.(I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee.(3) The representative of the department shall chair the broadband advisory committee.(d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter.(e) The third-party administrator shall seek policy advice from the broadband advisory committee.(f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following:(A) The total length of the statewide open-access middle-mile broadband network.(B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter.(C) The number of internet service providers using the statewide open-access middle-mile broadband network.(D) The number of households projected to connect to the statewide open-access middle-mile broadband network.(E) The total expenditures for each project, by quarter.(F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.(g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts.SEC. 18. Section 11549.59 is added to the Government Code, to read:11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter.(b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund.(c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund.(d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose.(2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter.(e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes.(2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes.(f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter.(g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations.SEC. 19. Section 11788.1 of the Government Code is amended to read:11788.1. (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this chapter.(2) In order to accelerate economic mobility and inclusion for individuals that experience employment barriers, the purpose of the program shall be to provide financial assistance and technical assistance to employment social enterprises.(b) (1) The office shall administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents.(2) The office shall designate at least one fiscal agent to administer the program in accordance with Sections 11788.2 and 11788.3.(3) In implementing the program, the office or fiscal agents shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of employment social enterprises in the state.SEC. 20. Section 11860 of the Government Code is amended to read:11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop enhancements to the system, utilize the system, and assist the department to maintain the system. This effort shall ensure best business practices by embracing opportunities to reengineer the states business processes and shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the department, a department or agency may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record by July 1, 2026, to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before December 31, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before December 31, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings.SEC. 21. Section 12098.10 of the Government Code is amended to read:12098.10. (a) The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.(2) For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.(2) The company filing the registration shall submit a certification at least once every three years that the product is made in accordance with this section.(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).(f) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive February 15, regarding all of the following:(A) Program expenditures.(B) Program progress.(C) The number of companies registered for the Made in California label.(D) The number of products registered for the Made in California label.(E) The program fees collected.(F) Ongoing priorities with the program.(G) Any other information about the program that the office deems appropriate.(2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.(h) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.(i) The Legislature finds and declares all of the following:(1) If successful, the Made in California Program should be nearly or completely financially self-sustaining in the long term.(2) It may take several years for the Made in California Program to demonstrate its value to businesses that make products in California.(3) If the number of companies and products registered for the Made in California Program does not significantly increase by 2028, the state should strongly consider ending the program.SEC. 22. Section 12100.83.5 is added to the Government Code, to read:12100.83.5. (a) The California Venues Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible independent live events that have been affected by COVID-19 in order to support their continued operation.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this section.(e) (1) Subject to appropriation by the Legislature, the office shall allocate grants to eligible independent live events that meet the requirements of this section.(2) Subject to appropriation by the Legislature, one hundred fifty million dollars ($150,000,000) shall be allocated in one or more rounds to eligible independent live events.(f) For purposes of this section, the following definitions apply:(1) Eligible venue means a venue with all of the following characteristics:(A) A defined performance and audience space.(B) Mixing equipment, a public address system, and a lighting rig.(C) Engages one or more individuals to carry out not less than two of the following roles:(i) A sound engineer.(ii) A booker.(iii) A promoter.(iv) A stage manager.(v) Security personnel.(vi) A box office manager.(D) Is one of the three highest revenue grossing entities, locations, or franchises associated with the applicant.(E) For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers.(2) Eligible independent live event means an entity that satisfies all of the following:(A) Is a sole proprietor, C-corporation, S-corporation, cooperative, limited liability company, partnership, limited partnership, or a registered 501(c)(3) nonprofit entity that satisfies the criteria defined in subparagraphs (B) through (F), inclusive, of paragraph (1) of subdivision (g) of Section 12100.82.(B) Is in any of the following North American Industry Classification System (NAICS) codes, clauses (i) to (xiv), inclusive, or National Taxonomy of Exempt Entities (NTEE) codes, clauses (xv) to (xxxi), inclusive:(i) 512131 - Motion Picture Theaters (except Drive-Ins).(ii) (I) 512132 - Drive-In Motion Picture Theaters.(II) An entity that qualifies under this clause shall be an authentic drive-in motion picture theater. For purposes of this clause, authentic drive-in motion picture theater means a permanently constructed commercial motion picture drive-in theater of which the main purpose of the property is the outdoor exhibition of motion pictures for patrons in vehicles using professional Digital Cinema Initiatives (DCI) compliant digital projectors or 35mm or 70mm film.(iii) 7111 Performing Arts Companies.(iv) 711110 - Theater Companies and Dinner Theaters.(v) 711120 Dance Companies.(vi) 711130 Musical Groups and Artists.(vii) 711211 Sports Teams and Clubs.(viii) 7113 - Promoters of Performing Arts, Sports, and Similar Events.(ix) 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities.(x) 711320 - Promoters of Performing Arts, Sports, and Similar Events without Facilities.(xi) 7139 Other Amusement and Recreation Industries.(xii) 713990 All Other Amusement and Recreation.(xiii) 722410 Drinking Places (Alcoholic Beverages).(xiv) 722511 Full-Service Restaurants.(xv) A20 Arts, Cultural Organizations - Multipurpose.(xvi) A23 Cultural, Ethnic Awareness.(xvii) A25 Arts Education.(xviii) A50 Museums.(xix) A54 History Museums.(xx) A56 Natural History, Natural Science Museums.(xxi) A60 Performing Arts Organizations.(xxii) A61 Performing Arts Centers.(xxiii) A62 Dance.(xxiv) A63 Ballet.(xxv) A65 Theater.(xxvi) A68 Music.(xxvii) A69 Symphony Orchestras.(xxviii) A6A Opera.(xxix) A6B Singing, Choral.(xxx) A6C Music Groups, Bands, Ensembles.(xxxi) A90 Arts Service Organizations and Activities.(C) Is any of the following:(i) An individual or entity that meets both of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(ii) An individual or entity that, as a principal business activity, makes tickets to events available for purchase by the public an average of not less than 30 days before the date of the event, which shall meet both of the following:(I) The requirements of subclause (I) of clause (i).(II) Performers are paid in an amount that is based on a percentage of sales, a guarantee in writing or standard contract, or another mutually beneficial formal agreement.(iii) An individual or entity that meets all of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live sporting events at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(III) The individual or entity is not a major league or professional sports team or club, and is not owned by a major league or professional sports team or club.(3) Notwithstanding paragraph (2), eligible independent live event shall not include entities that satisfy any of the following:(A) Is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation.(B) Owns or operates entities in more than five states or in another country, or is owned by an entity that owns or operates entities in more than five states or in another country.(C) Generates less than 75 percent of its gross earned revenue in California.(D) Demonstrates a percentage gross earned revenue decline in California of less than 30 percent, based on a reporting period comparing Q2, Q3, and Q4 of 2020, compared to Q2, Q3, and Q4 of 2019.(E) Is an excluded entity as defined in paragraph (2) of subdivision (g) of Section 12100.82.(g) (1) Grants to eligible independent live events shall be prioritized on documented percentage gross earned revenue declines based on a reporting period comparing California gross earned revenues in Q2, Q3, and Q4 of 2020 and California gross earned revenues in Q2, Q3, and Q4 of 2019.(2) Grants awarded under this subdivision shall be in an amount equal to the lesser of two hundred fifty thousand dollars ($250,000) or 20 percent of the applicants gross earned revenue in California for the 2019 taxable year.(3) Eligible independent live event applicants shall complete a new and separate application for the grants allocated under this section even if they previously submitted an application for the California Small Business COVID-19 Relief Grant Program established in Section 12100.83.(4) If an eligible independent live event has been awarded a grant under the California Small Business COVID-19 Relief Grant Program established in Section 12100.83, the amount of that grant shall be subtracted from the grant amount awarded under this section. If the grant amount awarded under Section 12100.83 is greater than the amount awarded under this section, the eligible independent live event shall not receive a grant under this subdivision and no amount shall be subtracted.(5) The office shall not allocate more than twenty-five million dollars ($25,000,000) in grants to eligible independent live events that qualify under clause (iii) of subparagraph (C) of paragraph (2) of subdivision (f) unless all other eligible independent live events have received funding under this section or Section 12100.83.(h) Grant moneys awarded under this section shall only be used for costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, 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 March 1, 2020.(3) Costs associated with reopening business operations after being fully or partially closed due to state-mandated COVID-19 health and safety restrictions and business closures.(4) Costs associated with complying with COVID-19 federal, state, or local guidelines for reopening with required safety protocols, including, but not limited to, equipment, plexiglass barriers, outdoor dining, personal protective equipment (PPE) supplies, testing, and employee training expenses.(5) Any other COVID-19-related expenses not already covered through grants, forgivable loans, or other relief through federal, state, county, or city programs.(6) Any other COVID-19-related costs that are not human resource expenses for the state share of Medicaid, employee bonuses, severance pay, taxes, legal settlements, personal expenses, or other expenses unrelated to COVID-19 impacts, repairs from damages already covered by insurance, or reimbursement to donors for donated items or services.(i) An applicant may self-identify race, gender, and ethnicity. Within 30 business days of the close of each application period, the office shall post the aggregate data, as available, and data by county and legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the Office of Small Business Advocate (CalOSBA) internet website and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(j) The fiscal agent shall issue Forms 1099 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).(k) This section shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 23. Section 12100.83.6 of the Government Code is amended to read:12100.83.6. (a) The California Nonprofit Performing Arts Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible nonprofit performing arts organizations to encourage workforce development.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for the purposes of this section.(e) Subject to appropriation by the Legislature, the office shall allocate grants to eligible nonprofit performing arts organizations that meet the requirements of this section.(f) (1) Subject to appropriation by the Legislature, forty-nine million five hundred thousand dollars ($49,500,000) of program funds shall be allocated in one or more rounds to eligible nonprofit performing arts organizations.(2) For purposes of this subdivision, an eligible nonprofit performing arts organization means a registered 501(c)(3) nonprofit entity that satisfies the criteria for a qualified small business pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(3) Grants under this subdivision shall be awarded on a first-come, first-served basis in the following amounts:(A) Twenty-five thousand dollars ($25,000) for applicants with annual gross revenue greater than one thousand dollars ($1,000) to one hundred thousand dollars ($100,000) in the 2019 taxable year.(B) Fifty thousand dollars ($50,000) for applicants with annual gross revenue greater than one hundred thousand dollars ($100,000), and up to one million dollars ($1,000,000) in the 2019 taxable year.(C) Seventy-five thousand dollars ($75,000) for applicants with annual gross revenue greater than one million dollars ($1,000,000), and up to two million dollars ($2,000,000) in the 2019 taxable year.(4) A registered 501(c)(3) nonprofit entity, without regard to its annual gross revenue, may be eligible for funds if it serves as a fiscal sponsor for entities that are qualified small businesses pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(g) Grant moneys awarded under this section shall only be used for the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Contributions or payments to a centralized payroll service.(3) Recruitment, training, development, and other human resources related expenses.(4) Other operating expenses or equipment for employees.(h) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, the office shall post the aggregate data, as available. Within 15 business days of the close of each application period, the office shall post data by legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the internet website of the Office of Small Business Advocate (CalOSBA) and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) 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 or serve a disadvantaged community as described in 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.(I) Geography.(i) The fiscal agent shall issue Form 1099 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).(j) This section shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 24. Section 12100.85 of the Government Code is amended to read:12100.85. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 25. Section 12100.91 of the Government Code is amended to read:12100.91. Subject to appropriation by the Legislature, the following shall apply:(a) The office may use up to 0.5 percent of funds for administrative expenses. A grantmaking entity may use up to 20 percent of its allocation for administrative expenses (including fiscal agent fee), marketing, and outreach to qualified microbusiness owners in underserved business groups, including businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities.(b) Any unused money by the grantmaking entity, less that 20 percent administrative expenses, outreach and marketing funds, shall be transferred back to the office by June 29, 2024.SEC. 26. Section 12100.95 of the Government Code is amended to read:12100.95. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 27. Section 12100.975 of the Government Code is amended to read:12100.975. (a) The California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program is hereby created within GO-Biz to be implemented by CalOSBA.(b) The program shall be under the direct authority of the advocate.(c) The purpose of the program is to assist qualified small businesses and nonprofits, incurring costs for COVID-19 supplemental paid sick leave pursuant to Sections 248.6 and 248.7 of the Labor Code.(d) CalOSBA or its fiscal agent shall consult with local, regional, state, and federal public and private entities, as applicable, that share a similar mission to support the needs of small businesses and nonprofits in California.(e) CalOSBA may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this article.(f) CalOSBA shall allocate grants to qualified small businesses and nonprofits that meet the requirements of this article.(g) Grant moneys awarded under this section shall only be for reimbursement of COVID-19 Supplemental Paid Sick Leave provided between January 1, 2022, and December 31, 2022. Applicants shall provide proof of employee payroll records that verify all COVID-19 Supplemental Paid Sick Leave provided by the applicant pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code that match the amount of the grant request.(h) Grants to qualified small businesses or nonprofits shall be no more than the actual costs incurred for supplemental paid sick leave provided between January 1, 2022, and December 31, 2022, with a maximum grant amount per applicant of fifty thousand dollars ($50,000).(i) The total amount an applicant can request under the program is an amount not to exceed the sum of fifty thousand dollars ($50,000).(j) If General Fund savings are achieved due to increases in federal funds including, but not limited to, federal funds becoming available to support the California Small Agricultural Business Drought and Flood Relief Grant Program, the Department of Finance shall increase the appropriation to the California Emergency Relief Fund for purposes of this article by up to seventy million dollars ($70,000,000). The Department of Finance may transfer this sum from the General Fund to the California Emergency Relief Fund for this purpose.(k) Any unused money remaining in the California Emergency Relief Fund, transferred for the purpose of this article, shall be transferred to the General Fund by June 1, 2024.(l) (1) CalOSBA 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 throughout the state, including in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, applicant access through multiple branded partner portals, and advertising and social media outreach through owned, paid, and earned media channels.(2) The 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.(m) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, CalOSBA shall post the aggregate data, as available. Within 15 business days of the close of each application period, CalOSBA shall post data by legislative district, as available. Within 45 business days, CalOSBA shall post the actual awarded information, as available. All information shall be posted on the GO-Biz internet website and GO-Biz shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) CalOSBA 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 rural area.(E) County.(F) State Senate district.(G) State Assembly district.(H) Nonprofits, including by geography.(n) The fiscal agent shall issue Forms 1099 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)) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code).SEC. 28. Section 12100.985 of the Government Code is amended to read:12100.985. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 29. The heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code is amended to read: Article 9.5. California Small Agricultural Business Drought and Flood Relief Grant ProgramSEC. 30. Section 12100.100 of the Government Code is amended to read: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 and flooding.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought and Flood Relief Grant Program.SEC. 31. Section 12100.101 of the Government Code is amended to read: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 and Flood 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 in 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, domiciled in California, with 100 or fewer full-time employees in the 2022 and 2023 taxable years.(B) Began operating in the state prior to January 1, 2020.(C) Is currently active and operating.(D) Has been affected by severe drought according to the United States Department of Agriculture drought monitor or is within or serves a county that has a state or federal disaster declaration for flooding.(E) 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.SEC. 32. Section 12100.103 of the Government Code is amended to read:12100.103. (a) The California Small Agricultural Business Drought and Flood 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 and flooding.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for purposes of this article.(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 allocated in the Budget Act of 2022 related to drought impacts 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 up to 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).(vi) Codes beginning with 1121 Cattle Ranching and Farming.(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.(4) Grant moneys awarded under this subdivision shall only be used for costs to maintain the recipient business through the drought, including the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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.(C) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(h) Program grant funds allocated in the Budget Act of 2023 related to storm flooding impacts shall be administered as follows:(1) Grant funds shall be allocated to qualified small agricultural businesses impacted by flooding including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(A) Codes beginning with 115 Support Activities for Agriculture and Forestry.(B) Codes beginning with 1121 Cattle Ranching and Farming.(C) 424910 Farm Supplies Merchant Wholesalers.(D) 444240 Nursery, Garden Center, and Farm Supply Retailers.(E) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(2) Three tiers of grant amounts shall be relative to revenue levels for qualified small agricultural businesses, to be determined by CalOSBA.(3) Grant moneys awarded under this subdivision may be used for costs to maintain the recipient business through flooding, including, but not limited to, the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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 flooding.(C) Any other flooding-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) Applicants may apply for relief grants under subdivisions (g) and (h).(j) (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 becomes available. All information shall be posted on the 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, 2026, 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.(k) 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).SEC. 33. Section 12100.105 of the Government Code is amended to read:12100.105. This article shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 34. Section 12100.151 of the Government Code is amended to read:12100.151. (a) (1) The zero-emission vehicle division within the Governors Office of Business and Economic Development is hereby continued in existence within the Governors Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor.(2) The office shall steer the development of a shared, cross-agency definition of equity, and set an equity agenda for the deployment of light-, medium-, and heavy-duty zero-emission vehicles, the supporting infrastructure, and workforce development.(3) Until January 1, 2028, the Zero-Emission Vehicle Equity Advocate is hereby established within the office. The advocate shall be appointed by, and shall serve at the pleasure of, the Governor.(4) The office shall serve as a point of contact for stakeholders to provide concerns and suggestions related to the states progress in equitably achieving the states zero-emission vehicle deployment goals.(5) The office shall provide information and coordinate policy and procedural changes with relevant state entities, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Transportation Agency, and the California Transportation Commission, as needed, to ensure consistency among equity definitions, criteria, and targets used in the states zero-emission vehicle and infrastructure programs and to ensure best practices related to equity are incorporated into state planning for zero-emission vehicle deployment, funding, and program design.(6) In order to facilitate alignment of equity goals, the office may convene meetings or task forces that include state agencies, local government, utilities, labor, community-based organizations, air pollution control districts, air quality management districts, or private sector actors key to advancing zero-emission transportation goals.(b) (1) The office shall develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in zero-emission vehicle deployment.(2) The equity action plan shall include both of the following:(A) Recommendations on actionable steps and metrics to measure and improve access to zero-emission vehicles, public and private charging infrastructure, and zero-emission vehicle transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership.(B) Recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, including emissions from medium- and heavy-duty vehicles, and by supporting an equitable zero-emission vehicle industry and workforce.(3) The office shall assess progress towards the equity action plan as part of the update to the ZEV Market Development Strategy and notify the relevant policy committees of the Legislature of the information provided in that update. This assessment shall include, but is not limited to, metrics tracking both of the following:(A) State funding spent toward the deployment of zero-emission vehicle ownership and supporting infrastructure in disadvantaged and low-income communities, and the number and type of vehicles, including light-, medium-, and heavy-duty zero-emission vehicles, state and federal subsidies for zero-emission vehicles, different ownership structures for zero-emission vehicles, or charging infrastructure deployed with this funding.(B) State funding for multiyear projects that advance deployment of zero-emission vehicles in communities identified as disadvantaged communities prioritized by severity of air pollution from mobile sources, lack of charging infrastructure and electric vehicles, and transportation or transit deserts.(4) In developing the equity action plan, the office shall coordinate and partner with community organizations, local entities, state agencies, and other private and public stakeholders to steer an equitable zero-emission vehicle deployment.SEC. 35. Section 12526 of the Government Code is amended to read:12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice.SEC. 36. Section 14634 of the Government Code is amended to read:14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation.(d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.(e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the departments general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations.SEC. 37. Section 14669.23 is added to the Government Code, to read:14669.23. (a) Notwithstanding any other law applicable to actions taken by the Department of General Services for the delivery and installation of emergency sleeping cabins and related infrastructure, the Department of General Services may assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, provided all of the following conditions are met:(1) The projects occur within the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(2) A political subdivision has declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1.(3) The authority granted in this section applies only to the delivery of up to 1,200 emergency sleeping cabins.(4) The Department of General Services has executed a written transfer agreement with the political subdivision that includes both of the following terms:(A) The emergency sleeping cabins and the related improvements shall become the property of the political subdivision and the responsibility of the political subdivision to operate upon receiving a certificate of occupancy.(B) The political subdivision agrees that the emergency camping cabins shall be compliant with Housing First principles, low-barrier, service-enriched, and focused on moving people into permanent housing, and shall provide temporary living facilities while individuals experiencing homelessness are connected to income, public benefits, health services, shelter, and appropriate housing. Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:(i) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.(ii) Pets.(iii) The storage of possessions.(iv) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.(5) For the purposes of this section, emergency sleeping cabin shall have the same meaning as defined in the California Building Standards Code except that they may include plumbing and occupants shall not be charged rent.(6) For the purposes of this section, related improvements shall mean infrastructure work necessary to support the successful operations of the emergency sleeping cabins. Related improvements shall include, but are not limited to, utility connections and distribution, site modifications such as grading, vehicle access and parking, site security features, erection of administrative and treatment areas, and storage.(b) In providing assistance to a political subdivision pursuant to subdivision (a), the following provisions shall apply to any work undertaken by the Department of General Services:(1) The Department of General Services may utilize any delivery method that it, in its discretion, deems appropriate and advantageous.(2) The Department of General Services may carry out a project on real property that is not owned by the State of California, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins.(3) All work performed pursuant to this section by the Department of General Services shall be exempt from all of the following:(A) Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code.(B) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.(C) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3.(D) Upon the advance approval from the Department of Housing and Community Development for anything within their scope of authority, and only for the provision of emergency sleeping cabin projects pursuant to this section, any provision of the California Building Standards Code (Title 24 of the California Code of Regulations) may be waived consistent with ensuring minimum public health and safety standards and Appendix P of the California Building Standards Code.(E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) only if the development is not located on a site that is any of the following:(i) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(ii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(iii) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.(iv) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:(v) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.(vi) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.(vii) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1.(viii) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. A development may be located on a site described in this subparagraph if either of the following are met:(I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.(II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(III) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(ix) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(x) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(xi) Lands under conservation easement.(c) Nothing in this section shall be construed to waive any applicable housing law governing the operation of emergency sleeping cabins by political subdivisions.(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 38. Section 14670 of the Government Code is amended to read:14670. (a) With the consent of the state agency concerned, the director may do any of the following:(1) Let for a period not to exceed five years, any real or personal property that belongs to the state, the letting of which is not expressly prohibited by law, if the director deems the letting to be in the best interest of the state.(2) Sublet any real or personal property leased by the state, the subletting of which is not expressly prohibited by law, if the director deems the subletting to be in the best interest of the state.(3) Let for a period not to exceed five years, and at less than fair market rental, any real property of the state to any public agency for use as nonprofit, self-help community vegetable gardens and related supporting activities, provided:(A) Parcels let for those purposes shall not exceed five acres.(B) Two or more contiguous parcels shall not be let for those purposes.(C) Parcels shall be let subject to applicable local zoning ordinances.(b) The Legislature finds and declares that any leases let at less than fair market rental pursuant to paragraph (3) of subdivision (a) shall be of broad public benefit.(c) Any money received in connection with paragraph (1) of subdivision (a) shall be deposited in the Property Acquisition Law Money Account and, except those funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, shall be available to the department upon appropriation by the Legislature.(d) All money received pursuant to paragraph (2) of subdivision (a) shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the State Treasury and credited to the appropriation from which the cost of the lease was paid.(e) Notwithstanding subdivisions (a) to (d), inclusive, to promote employee wellness initiatives at facilities operated by the Department of Corrections and Rehabilitation, the director may determine that allowing a lease to be made at less than fair market value is in the states best interest. The director shall base this determination upon the Department of Corrections and Rehabilitations written request that justifies the letting of a lease at below fair market value. Notwithstanding subdivision (a), the leases may be entered into for a period not to exceed 10 years. The criteria and the process for exempting a lease from fair market value pursuant to this subdivision shall be published in the State Administrative Manual.(f) The Department of General Services shall report annually to the Joint Legislative Budget Committee on all new leases let at less than fair market rental value pursuant to subdivision (e). The report shall include the lease terms; the reasons, where applicable, for which the Department of Corrections and Rehabilitation requested a rental rate at less than fair market value; the justification for letting at a lesser rate; and the approach used to determine the final rental rate.SEC. 39. Section 15679 of the Government Code is amended to read:15679. (a) (1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.(2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the offices duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.(3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following:(A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges.(B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).(C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.(b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1.SEC. 40. Section 16427 of the Government Code is amended to read:16427. (a) For purposes of this article, department means the Department of Justice.(b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund.(c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application.(d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior.(e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.(f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund.(g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information:(1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported.(2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund.(3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change.(4) The receipt of any interest income and the amount attributable to each case.SEC. 41. Section 16428 of the Government Code is amended to read:16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations.All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations.Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created.SEC. 42. Section 412.5 of the Military and Veterans Code is amended to read:412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following:(1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation.(2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1).(3) Adopt rules and regulations for all of the following:(A) The California Military Department Foundation.(B) The solicitation and acceptance of funds authorized pursuant to subdivision (b).(C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds.(4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section.(5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party.(B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement.(b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section.(2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section.(c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department.(2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision.(3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section.(d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.(e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund.(f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance.SEC. 43. Section 431.5 is added to the Military and Veterans Code, to read:431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements.SEC. 44. Chapter 14 (commencing with Section 5875) is added to Division 5 of the Public Resources Code, to read: CHAPTER 14. Southeast Los Angeles Cultural Center5875. For purposes of this chapter, the following definitions shall apply:(a) County means the County of Los Angeles.(b) Cultural center means the Southeast Los Angeles Cultural Center.(c) Panel means the Southeast Los Angeles Cultural Center Development Advisory Panel.(d) SELA means southeast Los Angeles.5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e).(b) It is the intent of the Legislature that the objectives of the panel include all of the following:(1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028.(2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center.(3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panels work as outlined in subdivision (c).(c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following:(1) Advising on the design, ownership, operations, and governance of the cultural center.(2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements:(A) A proposed operating model with a recommendation for an operator or operators of the cultural center.(B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs.(3) Ongoing community engagement efforts for the cultural centers development, including the following:(A) Community outreach.(B) Public convening.(C) Relations with local governments, state agencies, and tribal communities.(D) Relations with SELA artists and schools.(E) Promotion of the cultural center and its services.(4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community.(5) Promoting public accessibility and connectivity between the cultural center and its communities.(6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships.(d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees.(e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows:(1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community.(2) The Secretary of the Natural Resources Agency shall appoint seven members as follows:(A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs.(B) Two representatives of SELA community artist nonprofit organizations.(C) One representative, 21 years of age or under, of SELA community youth.(D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts.(E) One representative of the Los Angeles Philharmonic Association.(F) One representative from the local tribal community.(f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural centers activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center.(g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancys work and legal duties to develop and construct the cultural center.(h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates.(i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance.5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.SEC. 45. Section 21080.12 is added to the Public Resources Code, to read:21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts.(b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division.SEC. 46. Section 75250.1 of the Public Resources Code is amended to read:75250.1. (a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019.1 of the Government Code.(b) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.SEC. 47. Section 281 of the Public Utilities Code is amended to read:281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).(b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program.(B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply:(i) Mbps means megabits per second.(ii) (I) Except as provided in subclause (II), unserved area means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data.(II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, unserved area means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission.(2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following:(A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider.(B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity.(ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i).(3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption.(4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations.(5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following:(A) Providing technical assistance to local governments and providers.(B) Assisting in developing grant applications.(C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties.(6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds.(c) The commission shall establish the following accounts within the fund:(1) The Broadband Infrastructure Grant Account.(2) The Rural and Urban Regional Broadband Consortia Grant Account.(3) The Broadband Public Housing Account.(4) The Broadband Adoption Account.(5) The Federal Funding Account.(d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund.(2) All interest earned on moneys in the fund shall be deposited into the fund.(3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c).(4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year.(e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.(f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following:(1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology.(2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year.(3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7.(4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision.(5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households.(6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property.(ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000).(7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.(9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commissions internet website at least 30 days before publishing the corresponding draft resolution.(10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5):(A) Costs directly related to the deployment of infrastructure.(B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years.(C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection.(11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal.(g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.(2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following:(A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity.(B) The number of project applications assisted.(h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account.(2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account.(i) (1) For purposes of this subdivision, low-income community includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission.(2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission.(3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community.(4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities.(5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.(6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite.(j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption.(2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs.(3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant.(4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph.(5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households.(k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications.(l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information:(A) The name and contractors license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section.(B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.(C) The anticipated dates when that work will be performed.(2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commissions California Advanced Services Fund internet website.(m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved.(n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines.(2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys.(3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows:(A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county.(ii) The commission shall allocate the remaining moneys based on each urban countys proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county.(ii) The commission shall allocate the remaining moneys based on each rural countys proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state.SEC. 48. The Legislature finds and declares that, with regard to Section 37 of this act adding and repealing Section 14669.23 of the Government Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to provide supplemental emergency housing resources for individuals experiencing homelessness in the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.SEC. 49. The Legislature finds and declares that, with regard to Section 44 of this act adding and repealing Chapter 14 (commencing with Section 5875) of Division 5 of the Public Resources Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique cultural relevancy of the southeast Los Angeles region.SEC. 50. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 51. 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 | + | Enrolled June 27, 2023 Passed IN Senate June 27, 2023 Passed IN Assembly June 27, 2023 Amended IN Senate June 24, 2023 Amended IN Assembly February 01, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 127Introduced by Committee on Budget (Assembly Members Ting (Chair), Alvarez, Arambula, Bennett, Bonta, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Garcia, Hart, Jackson, Jones-Sawyer, Lee, McCarty, Muratsuchi, Ramos, Reyes, Luz Rivas, Blanca Rubio, Wicks, and Wood)January 09, 2023An act to amend Section 1798.99.32 of the Civil Code, to amend Sections 7903, 8010, 8263, 8270, 8272, 8274, 8275, 8276, 11011, 11011.2, 11549.3, 11549.57, 11549.58, 11788.1, 11860, 12098.10, 12100.83.6, 12100.85, 12100.91, 12100.95, 12100.975, 12100.985, 12100.100, 12100.101, 12100.103, 12100.105, 12100.151, 12526, 14634, 14670, 15679, 16427, and 16428 of, to amend the heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of, to amend and renumber Section 8654.2 of, to add Section 11549.59 to, to add and repeal Sections 12100.83.5 and 14669.23 of, and to add and repeal Chapter 4.6 (commencing with Section 8303) and Chapter 9.4 (commencing with Section 8759) of Division 1 of Title 2 of, the Government Code, to amend Section 412.5 of, and to add Section 431.5 to, the Military and Veterans Code, to amend Section 75250.1 of, to add Section 21080.12 to, and to add and repeal Chapter 14 (commencing with Section 5875) of Division 5 of, the Public Resources Code, and to amend Section 281 of the Public Utilities Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.LEGISLATIVE COUNSEL'S DIGESTAB 127, Committee on Budget. State government.(1) Existing law, the California Age-Appropriate Design Code Act, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.Existing law establishes the California Childrens Data Protection Working Group to deliver a report to the Legislature on or before January 1, 2024, and every 2 years thereafter, regarding best practices for the implementation of these provisions, as specified. Existing law requires the working group to select a chair and a vice chair from among its members and requires the working group to consist of 10 members, as specified.This bill would specify that the working group is within the Office of the Attorney General, and would require the report to, instead, be delivered on or before July 1, 2024, and every 2 years thereafter. The bill would instead require the working group to consist of 9 members, as specified. The bill would permit meetings of the working group to be conducted by means of remote communication, as specified.(2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines appropriations subject to limitation of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines appropriations subject to limitation of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, state subventions as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.For fiscal years commencing with the 202021 fiscal year, existing law defines state subventions to additionally include money provided to a local agency pursuant to certain state programs and requires any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would require the Department of Finance to, no later than February 1 of each year, calculate the individual subvention amounts for each of those state programs and provide this information on an annual basis to the California State Association of Counties and the League of California Cities for distribution to local agencies. The bill would require local agencies to use the calculations provided for purposes of the above-described appropriations limit. By revising the duties of local officials with respect to the limitation of appropriations by local agencies, this bill would impose a state-mandated local program.(3) Existing law, until January 1, 2027, establishes the Commission on the State of Hate in the state government, and specifies the goals of the commission, including providing resources and assistance to various state agencies, law enforcement agencies, and the public on the state of hate to keep these entities and the public informed of emerging trends in hate-related crime. Existing law provides for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature, and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation.This bill would instead authorize appointed members of the commission to receive a per diem of $100 for each public meeting and community forum of the commission that they attend, and would also entitle those individuals to reimbursement for expenses incurred. The bill would provide that legislative members, ex officio members, and nonmember advisers of the commission are not entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation. Existing law requires the commission to issue an annual State of Hate report to the Governor and Legislature by July 1 of each year that describes the activities from the previous year and the recommendations for the following year. Existing law requires that report to include prescribed information, including a comprehensive accounting of hate crime activity statewide and relevant hate crime trends and statistics. Existing law requires the first annual report to be made available by July 1, 2023.For the annual report due by July 1, 2024, and July 1, 2025, the bill would instead require the commission to include that above-described information in the report only to the extent that specified information is available. For any annual report due by and after July 1, 2026, the bill would instead require the commission to include that above-described information.(4) Existing law, the California Youth Empowerment Act, establishes the California Youth Empowerment Commission within the state government to advise on providing meaningful opportunities for civic engagement to improve the quality of life for Californias disconnected and disadvantaged youth. Existing law establishes the Office of Planning and Research within the Governors office, and sets forth its powers and duties.This bill would place the commission within the Office of Planning and Research. The bill would make conforming changes.Existing law requires the commission, on or before January 1, 2024, and annually thereafter, to publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission.This bill would instead require the commission to publish the first annual report on or before May 30, 2025.Existing law requires the Governor to appoint an executive director of the commission to, among other duties, assist the commission in carrying out its work and hire commission staff, including hiring deputy directors.This bill would delete the duty to hire deputy directors from the executive directors duties.Under existing law, these provisions are to be implemented only if funds are made available in the budget or through gifts and grants.This bill would instead specify that these provisions are to be implemented upon appropriation by the Legislature.Existing law repeals these provisions on January 1, 2027.This bill would instead repeal them on January 1, 2030.(5) Existing law establishes an Office of Health Equity in the State Department of Public Health for purposes of aligning state resources, decisionmaking, and programs to accomplish certain goals related to health equity and protecting vulnerable communities. Existing law requires the office to develop departmentwide plans to close the gaps in health status and access to care among the states diverse racial and ethnic communities, women, persons with disabilities, and the lesbian, gay, bisexual, transgender, queer, and questioning communities, as specified. Existing law requires the office to work with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts by, among other things, prioritizing building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity.Existing law establishes the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies. Existing law requires the task force to submit a written report of its findings and recommendations to the Legislature.This bill, until January 1, 2030, would establish in state government a Racial Equity Commission. The bill would require the commission to be staffed by the Office of Planning and Research. The bill would require the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California. The bill would require the commission to prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity and to submit that report, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature, as specified. (6) Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist. That act provides that the California Emergency Relief Fund is created as a special fund in the State Treasury to provide emergency resources or relief relating to state of emergency declarations proclaimed by the Governor.This bill would authorize the Department of Finance to transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(7) Existing law, the Dixon-Zenovich-Maddy California Arts Act of 1975, establishes the Arts Council, consisting of 11 appointed members, and sets forth its powers and duties, including providing for the exhibition of art works in public buildings throughout California.This bill would require, upon appropriation by the Legislature, the Arts Council to establish the California Creative Economy Workgroup to develop a strategic plan for the California creative economy. The bill would provide for the membership of the workgroup and require the workgroup to, among other things, collect and analyze data on the state of the California creative economy. The bill would require the workgroup to publish a report detailing the findings and recommendations of the workgroup on the councils website, and submit the report to the appropriate committees of the Legislature by June 30, 2025. The bill would authorize the council to enter into a contract with a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report, as specified. The bill would repeal these provisions on July 1, 2025.(8) Existing law requires the Department of General Services, when authorized to sell or otherwise dispose of lands declared excess by a state agency and the department determines that the use of the land is not needed by any other state agency, to sell or otherwise dispose of the land in accordance with specified requirements. Existing law requires the net proceeds received from any real property disposition pursuant to those provisions to be paid to the Deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds issued pursuant to the Economic Recovery Bond Act are retired, and, thereafter, to be deposited in the Special Fund for Economic Uncertainties. Notwithstanding that requirement, existing law requires the department to deposit into the General Fund the net proceeds of a lease entered into pursuant to certain provisions after specified deductions are made.This bill would authorize the department to deposit some or all of the net proceeds from the above-described real property dispositions into the Property Acquisition Law Money Account to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, as defined. The bill would exempt those deposits necessary to maintain the operating reserve from the above-described requirement to deposit the net proceeds of leases into the General Fund.Existing law authorizes the department, with the consent of the state agency concerned, to let for a period not to exceed 5 years any real or personal property that belongs to the state if the director deems it to be in the best interest of the state. Existing law requires any money received pursuant to those provisions to be deposited in the Property Acquisition Law Money Account, and makes those funds available upon appropriation by the Legislature.This bill would exempt funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing from the requirement that the funds be made available upon appropriation by the Legislature.(9) Existing law establishes the Department of Technology within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. Existing law requires an entity within the executive branch that is under the direct authority of the Governor to implement the policies and procedures issued by the office and authorizes the office to conduct, or require to be conducted, an independent security assessment of every state agency, department, or office, as specified.Existing law requires state agencies not covered by those above-described provisions to adopt and implement information security and privacy policies, standards, and procedures based upon standards issued by the National Institute of Standards and Technology and the Federal Information Processing Standards, as specified. Existing law requires these state agencies to certify, by February 1 annually, to the President pro Tempore of the Senate and the Speaker of the Assembly that the agency is in compliance with all adopted policies, standards, and procedures and to include a plan of action and milestones, as specified. Existing law requires the certifications to be kept confidential and requires the President pro Tempore of the Senate and the Speaker of the Assembly to consult with these state agencies on how to ensure confidentiality of the certifications and to determine the form required for certification.This bill would delete the above-described consultation requirements and would impose various security requirements, including, among others, restricting the transfer and storage methods of the certifications to electronic means. The bill would instead require these state agencies to submit the certifications to the Office of Information Security and would require the office to develop a form for this purpose. The bill would authorize the office to make recommendations and offer assistance to a state agency on completing the above-described plan of action and milestones, as specified. The bill would require the office to review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 annually thereafter, to the appropriate legislative committees and the Legislative Analysts Office. The bill would authorize a state agency, in lieu of complying with specified provisions, to instead annually submit a declaration to the Chief of the Office of Information Security, by January 15, confirming that the state agency is in compliance with those above-described provisions that apply to entities within the executive branch that is under the direct authority of the Governor. Because this declaration would be made under penalty of perjury, the bill would expand the crime of perjury, thereby imposing a state-mandated local program.(10) Existing law establishes, within the Department of Technology, the Office of Broadband and Digital Literacy and requires the office, consistent with the appropriation in the Budget Act of 2021, to oversee the acquisition and management of contracts for the development and construction of, and for the maintenance and operation of, a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the broadband network to facilitate high-speed broadband service, as specified. Existing law requires the office, where feasible, to consider a term of access to dark fiber for no less than a 20-year indefeasible right to use and to consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.This bill would, where available, authorize the Office of Broadband and Digital Literacy to enter into an agreement for the indefeasible right-to-use fiber only if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built under the authority of the office. The bill would, upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to these provisions, require the department within 60 days to update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts.Existing law creates the Department of Technology Services Revolving Fund within the State Treasury to receive all revenues from the sale of technology or specified technology services, for other services rendered by the Department of Technology, and all other moneys properly credited to the Department of Technology and to be used, upon appropriation by the Legislature, for specified purposes with respect to the administration of the Department of Technology.This bill would create the State Middle-Mile Broadband Enterprise Fund. The bill would require internet service providers, governmental entities, and other users of the statewide open-access middle-mile broadband network to pay the Department of Technology fees for connection to the statewide open-access middle-mile broadband network, as provided. The bill would also require all revenues payable to the Department of Technology for activities undertaken for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network to be deposited in the fund. The bill, until July 1, 2027, would continuously appropriate moneys in the fund to the Department of Technology for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network, thereby making an appropriation. On or after July 1, 2027, moneys in the fund are available for expenditure upon appropriation by the Legislature.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Public Housing Account and the Federal Funding Account. Under existing law, of the $2,000,000,000 appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission is required to allocate $1,000,000,000 for projects in rural counties and $1,000,000,000 for projects in urban counties, as specified. Existing law, until June 30, 2023, authorizes applicants to apply for and encumber specified allocated moneys for last-mile broadband projects, and would provide that any moneys not allocated pursuant to prescribed provisions shall be made available to the commission for the construction of last-mile broadband infrastructure anywhere in the state.This bill would require the commission to prioritize grants from the Broadband Public Housing Account to existing publicly supported housing developments that have not yet received a grant from the account and do not have access to free broadband internet service onsite. The bill would change the time period for applicants to apply for and encumber specified allocated moneys described above from June 30, 2023, to September 30, 2024.(11) Existing law establishes the Made in California Program within the Governors Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a Made in U.S.A. label, as provided.This bill would remove the requirement that a company establish that the finished product could lawfully use a Made in U.S.A. label in order to be eligible under the program.Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.This bill would remove the requirement that the certification described above be a qualified third-party certification.Existing law requires the office to report to the Legislature on January 1 each year regarding the offices expenditures, progress, and ongoing priorities with the program.This bill would change the reporting date to February 15 of each year and would additionally require the report described above to include, among other things, the number of companies registered for the Made in California label and any other information about the program that the office deems appropriate.(12) Existing law establishes the Governors Office of Business and Economic Development, also known as GO-Biz, to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law prescribes the duties and functions of the Director of the Governors Office of Business and Economic Development.Existing law establishes the California Office of the Small Business Advocate (CalOSBA) within GO-Biz to serve as the principal advocate on behalf of small businesses, including to represent the views and interests of small businesses, among other duties. Existing law establishes various grant programs within CalOSBA.Chapter 74 of the Statutes of 2021 created, and Chapter 68 of the Statutes of 2022 subsequently amended, the California Venues Grant Program within CalOSBA to provide grants, subject to appropriation by the Legislature, to certain independent live events that have been affected by COVID-19 in order to support their continued operation, as specified. The program was repealed on December 31, 2022.This bill would reenact the program and would repeal it on June 30, 2024.Existing law establishes, upon appropriation by the Legislature, the California Regional Initiative for Social Enterprises Program within CalOSBA to provide financial and technical assistance to employment social enterprises for purposes of accelerating economic mobility and inclusion for individuals who experience employment barriers. Existing law requires CalOSBA to administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents through June 30, 2024.This bill would remove the disbursement end date mentioned above.Existing law establishes the California Nonprofit Performing Arts Grant Program within CalOSBA for the purpose of providing grants to eligible nonprofit performing arts organizations, as defined, to encourage workforce development. Existing law repeals the program on June 30, 2023.Existing law establishes the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants, in accordance with specified criteria, including geographic distribution based on COVID-19 restrictions, industry sectors most impacted by the pandemic, and underserved small businesses. Existing law repeals the program on January 1, 2024.Existing law establishes the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program within GO-Biz and implemented by CalOSBA to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. Existing law repeals the program on January 1, 2024.This bill would extend the repeal dates of the California Nonprofit Performing Arts Grant Program, the California Small Business COVID-19 Relief Grant Program, and the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to June 30, 2024.Existing law establishes, until June 30, 2023, the California Microbusiness COVID-19 Relief Grant Program within CalOSBA to assist qualified microbusinesses, as defined and certified under penalty of perjury, that have been significantly impacted by the COVID-19 pandemic, as provided. Existing law requires CalOSBA to administer a request for proposal in no more than 2 rounds for a specified period of time per round for eligible grantmaking entities, defined as a county or consortium of nonprofit, community-based organizations, as specified, and, subject to appropriation by the Legislature, requires a grantmaking entity that receives an allocation to administer a county program to, among other things, award individual grants to qualified microbusinesses.This bill would extend the repeal date of the California Microbusiness COVID-19 Relief Grant Program to June 30, 2024, and make conforming changes. By extending a program that requires qualified microbusinesses to make specified certifications under penalty of perjury, the bill would expand the scope of the crime of perjury and would thereby impose a state-mandated local program.(13) Existing law, until January 1, 2025, establishes the California Small Agricultural Business Drought Relief Grant Program in the Office of the Small Business Advocate, under the authority of its director, to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions, as prescribed. Existing law requires the office to allocate grants to qualified small agricultural businesses that meet the requirements of the program, upon appropriation of grant funds by the Legislature. Existing law defines a qualified small business for these purposes to mean a small business that meets specified criteria, including that the small business 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 and has been affected by severe drought according to the United States Department of Agriculture drought monitor. Existing law requires the office to report to the Legislature, on or before December 31, 2024, on the number of grants and dollar amounts awarded for specified categories.This bill would rename the program as the California Small Agricultural Business Drought and Flood Relief Grant Program and would extend the program until January 1, 2027. The bill would expand the purpose of the program to additionally provide grants to qualified small agricultural businesses that have been affected by flood conditions. The bill would prescribe how program grant funds are to be allocated in the Budget Act of 2022 related to drought impacts and how those funds are to be allocated in the Budget Act of 2023 related to storm flooding impacts. The bill would update the definition of a qualified small business for these purposes to require that the small business be domiciled in California with 100 or fewer in the 2022 and 2023 taxable years. The bill would expand the definition of a qualified small business to include a small business that is within or serves a county that has a state or federal disaster declaration for flooding. The bill would authorize the office to amend an existing contract with a fiscal agent to meet the requirements of the bills provisions, and would also authorize applicants to apply for relief grants under these provisions. The bill would require the office to report to the Legislature, on or before December 31, 2026, on the number of grants and dollar amounts awarded for specified categories. The bill would also make various conforming changes.(14) Existing law, the Financial Information System for California (FISCal) Act, requires the Department of Finance, the Controller, the Department of General Services, and the Treasurer to collaboratively develop, implement, and utilize a single integrated financial management system for the state, as prescribed. To facilitate the transition of the states accounting book of record, existing law requires, on or before July 1, 2023, the Controller to provide the necessary system and interface requirements to the department to perform accounting functions and produce financial reports, as specified, and, on or before March 1, 2023, and with the department, to evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality.This bill would, instead, require the Controller to provide the above-described system and interface requirements and, with the department, evaluate and develop the above-described timeline on December 31, 2023, to facilitate the integration of the states accounting book of record by July 1, 2026.(15) Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law requires the office to develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in ZEV deployment.Existing law requires the equity action plan to include, among other things, recommendations on actionable steps and metrics to measure and improve access to ZEVs, infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities. Existing law also requires the office to assess progress towards the plan, as specified.This bill would instead require the equity action plan to include recommendations on actionable steps and metrics to measure and improve access to ZEVs, public and private charging infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership. The bill would also require the assessment of progress towards the equity action plan to include metrics tracking state and federal subsidies for ZEVs and different ownership structures for ZEVs.(16) Existing law creates the Attorney General antitrust account in the General Fund, which is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for refund of any money erroneously paid into the account. Money in the account is available for expenditure only upon appropriation by the Legislature in the annual Budget Bill and if at any time the account exceeds $3,000,000, the excess is required to be transferred to the unallocated funds within the General Fund.This bill would delete the requirement that amounts in excess of $3,000,000 be transferred to the General Fund.Existing law generally makes the Attorney General responsible for representing state agencies in litigation matters. Under existing law, revenues in the Litigation Deposits Fund are continuously appropriated to the Department of Justice for litigation purposes. Existing law establishes the Legal Services Revolving Fund and requires state agency payments for legal services rendered by the Attorney General to be deposited therein. Existing law authorizes the Attorney General to expend the money in the Legal Services Revolving Fund, upon appropriation by the Legislature, for litigation activities. Existing law authorizes the Department of Justice to expend revenues transferred to the Legal Services Revolving Fund from the Litigation Deposits Fund only if approved by the Department of Finance.Existing law requires the Department of Justice to prepare and submit to specified individuals quarterly reports concerning the activity of the Litigation Deposits Fund that detail the number of deposits received, the receipt of interest income, disbursements to claimants, and the amount used for litigation costs of the department.This bill would, commencing July 1, 2023, require the Department of Justice to transfer deposited funds, with certain exceptions, to the General Fund or a state special fund subject to legislative oversight no later than 3 months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. The bill would require the Department of Justice to transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.The bill would require the Department of Justice to provide specified information with the quarterly reports concerning the activity of the Litigation Deposits Fund, including the number of new deposits received as of the prior report, the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case.(17) Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds. Existing law authorizes tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. Existing law requires the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.This bill would instead require that the planning and construction of the monument be funded exclusively through private funding from the tribal nations in the Sacramento, California region, and require the Department of General Services to be responsible for regular maintenance of the monument, as specified.(18) Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.Existing law establishes the Department of General Services within the Government Operations Agency and requires it to perform various functions and duties with respect to property within the state, including assisting in the development of permanent supportive housing and emergency shelters.This bill would authorize the Department of General Services to assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, as defined, in prescribed cities and counties if the political subdivision has declared a shelter crisis. The bill would limit the authority granted under the bill to the delivery of up to 1,200 emergency sleeping cabins. The bill would require the Department of General Services to execute a prescribed written transfer agreement with the political subdivision. The bill would authorize the department, in providing assistance to political subdivisions, to utilize any delivery method it deems appropriate and advantageous. The bill would further authorize the department to carry out a project on real property that is not owned by the state, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins. The bill would exempt work performed by the Department of General Services under the bill from specified laws and regulations, including provisions relating to public contracts, state building standards, and, with certain exceptions, the California Environmental Quality Act. These provisions would be repealed as of January 1, 2025.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(19) Existing law establishes the Office of Tax Appeals, and requires the office to publish a written opinion for each appeal decided by each tax appeals panel, as described. Existing law also requires the office to adopt regulations as necessary or appropriate to carry out the purposes of the office. Existing law, the Administrative Procedure Act, generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law exempts any standard, criterion, procedure, determination, rule, notice, or guideline established by the office from the requirements of the APA. This bill would restate the existing exemption from the Administrative Procedure Act to instead apply to any policy, procedure, notice, or guideline issued by the office. The bill would also exempt any final written opinion published by office from the requirements of the Administrative Procedure Act. The bill would authorize the office to designate any published written opinion as precedential in any matter or proceeding before the office, unless overruled, superseded, or otherwise designated nonprecedential by the office. The bill would declare that the designation of an opinion as precedential is not a rulemaking within the meaning of the Administrative Procedure Act.(20) Existing law establishes the Litigation Deposits Fund, under the control of the Department of Justice and consisting of moneys received by the state as litigation deposits, as specified. Existing law authorizes the Controller to use money in the fund for cashflow loans to the General Fund, as specified.This bill would authorize the Department of Finance to authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process, as specified.(21) Existing law authorizes the Adjutant General and the Military Department to establish support programs and educational programs for the benefit of the Military Department and its soldiers, airmen, and cadets, and their family members. Existing law establishes the California Military Department Support Fund to support those programs. Existing law also establishes the California National Guard Military Family Relief Fund as an account within the California Military Department Support Fund for the purpose of providing financial aid grants to eligible members of the California National Guard who are California residents and who have been called to active duty.This bill would repeal the California National Guard Military Family Relief Fund and deposit all remaining moneys from the fund into the California Military Department Support Fund. The bill would also remove the aid grant program funded by the California National Guard Military Family Relief Fund.(22) Existing law allows the Adjutant General of the Military Department to lease or authorize the use of armories that are built or acquired by the state and requires all revenues to be deposited in the Armory Discretionary Improvement Account.This bill would establish the Army Facilities Agreement Program Income Fund. The bill would require revenue received from nonfederal tenants use of Military Department facilities to be deposited into the fund, and upon appropriation by the Legislature, made available for maintenance of Army National Guard facilities.(23) Under existing law, the Department of Parks and Recreation controls the state park system. Existing law provides that the General Fund consists of money received into the State Treasury not required by law to be credited to any other fund.This bill would create the Southeast Los Angeles Cultural Center Development Advisory Panel to provide advice to the state and the County of Los Angeles in the development of the Southeast Los Angeles Cultural Center. The bill would require the department to convene the panel within 60 days of completion of appointments to the panel. The bill would require the panel to be chaired by the Director of Parks and Recreation and would authorize the county supervisor of southeast Los Angeles for the 4th supervisorial district to cochair the panel, as provided. The bill would require the Secretary of the Natural Resources Agency, and would authorize the county supervisor, to appoint 9 panel members, as provided. The bill would require the panel to, among other things, by January 1, 2027, develop a recommended operations plan for the Southeast Los Angeles Cultural Center, which shall not include a commitment of ongoing state resources for operation and maintenance.The bill would make these provisions inoperative on July 1, 2032, and would repeal them as of January 1, 2033.This bill would make legislative findings and declarations as to the necessity of a special statute for the southeast Los Angeles region.(24) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Office of Planning and Research in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency.This bill would exempt from CEQA the actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to CEQA or by a tribe pursuant to an alternative process or program implemented by the tribe for evaluating environmental impacts.(25) Existing law establishes the Community Resilience Center Program, administered by the Strategic Growth Council in coordination with the Office of Planning and Research, to provide funding for the construction of new, or the retrofitting of existing, facilities that will serve as community resilience centers, as specified. Existing law authorizes the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain provisions that authorize specified state departments and authorities to make advance payments to community-based private nonprofit agencies under certain circumstances and subject to certain requirements.This bill would instead authorize the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain other provisions that authorize state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met and subject to certain requirements.This bill would make these provisions inoperative on July 1, 2025, and would repeal them as of January 1, 2026.(26) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(27) 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: YES Fiscal Committee: YES Local Program: YES |
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| 4 | + | |
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| 5 | + | Enrolled June 27, 2023 Passed IN Senate June 27, 2023 Passed IN Assembly June 27, 2023 Amended IN Senate June 24, 2023 Amended IN Assembly February 01, 2023 |
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| 6 | + | |
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| 7 | + | Enrolled June 27, 2023 |
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| 8 | + | Passed IN Senate June 27, 2023 |
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| 9 | + | Passed IN Assembly June 27, 2023 |
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| 10 | + | Amended IN Senate June 24, 2023 |
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| 11 | + | Amended IN Assembly February 01, 2023 |
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| 12 | + | |
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| 13 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 14 | + | |
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| 15 | + | Assembly Bill |
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| 16 | + | |
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| 17 | + | No. 127 |
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| 18 | + | |
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| 19 | + | Introduced by Committee on Budget (Assembly Members Ting (Chair), Alvarez, Arambula, Bennett, Bonta, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Garcia, Hart, Jackson, Jones-Sawyer, Lee, McCarty, Muratsuchi, Ramos, Reyes, Luz Rivas, Blanca Rubio, Wicks, and Wood)January 09, 2023 |
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| 20 | + | |
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| 21 | + | Introduced by Committee on Budget (Assembly Members Ting (Chair), Alvarez, Arambula, Bennett, Bonta, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Garcia, Hart, Jackson, Jones-Sawyer, Lee, McCarty, Muratsuchi, Ramos, Reyes, Luz Rivas, Blanca Rubio, Wicks, and Wood) |
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| 22 | + | January 09, 2023 |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | AB 127, Committee on Budget. State government. |
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| 20 | 31 | | |
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| 21 | 32 | | (1) Existing law, the California Age-Appropriate Design Code Act, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.Existing law establishes the California Childrens Data Protection Working Group to deliver a report to the Legislature on or before January 1, 2024, and every 2 years thereafter, regarding best practices for the implementation of these provisions, as specified. Existing law requires the working group to select a chair and a vice chair from among its members and requires the working group to consist of 10 members, as specified.This bill would specify that the working group is within the Office of the Attorney General, and would require the report to, instead, be delivered on or before July 1, 2024, and every 2 years thereafter. The bill would instead require the working group to consist of 9 members, as specified. The bill would permit meetings of the working group to be conducted by means of remote communication, as specified.(2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines appropriations subject to limitation of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines appropriations subject to limitation of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, state subventions as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.For fiscal years commencing with the 202021 fiscal year, existing law defines state subventions to additionally include money provided to a local agency pursuant to certain state programs and requires any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would require the Department of Finance to, no later than February 1 of each year, calculate the individual subvention amounts for each of those state programs and provide this information on an annual basis to the California State Association of Counties and the League of California Cities for distribution to local agencies. The bill would require local agencies to use the calculations provided for purposes of the above-described appropriations limit. By revising the duties of local officials with respect to the limitation of appropriations by local agencies, this bill would impose a state-mandated local program.(3) Existing law, until January 1, 2027, establishes the Commission on the State of Hate in the state government, and specifies the goals of the commission, including providing resources and assistance to various state agencies, law enforcement agencies, and the public on the state of hate to keep these entities and the public informed of emerging trends in hate-related crime. Existing law provides for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature, and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation.This bill would instead authorize appointed members of the commission to receive a per diem of $100 for each public meeting and community forum of the commission that they attend, and would also entitle those individuals to reimbursement for expenses incurred. The bill would provide that legislative members, ex officio members, and nonmember advisers of the commission are not entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation. Existing law requires the commission to issue an annual State of Hate report to the Governor and Legislature by July 1 of each year that describes the activities from the previous year and the recommendations for the following year. Existing law requires that report to include prescribed information, including a comprehensive accounting of hate crime activity statewide and relevant hate crime trends and statistics. Existing law requires the first annual report to be made available by July 1, 2023.For the annual report due by July 1, 2024, and July 1, 2025, the bill would instead require the commission to include that above-described information in the report only to the extent that specified information is available. For any annual report due by and after July 1, 2026, the bill would instead require the commission to include that above-described information.(4) Existing law, the California Youth Empowerment Act, establishes the California Youth Empowerment Commission within the state government to advise on providing meaningful opportunities for civic engagement to improve the quality of life for Californias disconnected and disadvantaged youth. Existing law establishes the Office of Planning and Research within the Governors office, and sets forth its powers and duties.This bill would place the commission within the Office of Planning and Research. The bill would make conforming changes.Existing law requires the commission, on or before January 1, 2024, and annually thereafter, to publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission.This bill would instead require the commission to publish the first annual report on or before May 30, 2025.Existing law requires the Governor to appoint an executive director of the commission to, among other duties, assist the commission in carrying out its work and hire commission staff, including hiring deputy directors.This bill would delete the duty to hire deputy directors from the executive directors duties.Under existing law, these provisions are to be implemented only if funds are made available in the budget or through gifts and grants.This bill would instead specify that these provisions are to be implemented upon appropriation by the Legislature.Existing law repeals these provisions on January 1, 2027.This bill would instead repeal them on January 1, 2030.(5) Existing law establishes an Office of Health Equity in the State Department of Public Health for purposes of aligning state resources, decisionmaking, and programs to accomplish certain goals related to health equity and protecting vulnerable communities. Existing law requires the office to develop departmentwide plans to close the gaps in health status and access to care among the states diverse racial and ethnic communities, women, persons with disabilities, and the lesbian, gay, bisexual, transgender, queer, and questioning communities, as specified. Existing law requires the office to work with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts by, among other things, prioritizing building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity.Existing law establishes the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies. Existing law requires the task force to submit a written report of its findings and recommendations to the Legislature.This bill, until January 1, 2030, would establish in state government a Racial Equity Commission. The bill would require the commission to be staffed by the Office of Planning and Research. The bill would require the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California. The bill would require the commission to prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity and to submit that report, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature, as specified. (6) Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist. That act provides that the California Emergency Relief Fund is created as a special fund in the State Treasury to provide emergency resources or relief relating to state of emergency declarations proclaimed by the Governor.This bill would authorize the Department of Finance to transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(7) Existing law, the Dixon-Zenovich-Maddy California Arts Act of 1975, establishes the Arts Council, consisting of 11 appointed members, and sets forth its powers and duties, including providing for the exhibition of art works in public buildings throughout California.This bill would require, upon appropriation by the Legislature, the Arts Council to establish the California Creative Economy Workgroup to develop a strategic plan for the California creative economy. The bill would provide for the membership of the workgroup and require the workgroup to, among other things, collect and analyze data on the state of the California creative economy. The bill would require the workgroup to publish a report detailing the findings and recommendations of the workgroup on the councils website, and submit the report to the appropriate committees of the Legislature by June 30, 2025. The bill would authorize the council to enter into a contract with a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report, as specified. The bill would repeal these provisions on July 1, 2025.(8) Existing law requires the Department of General Services, when authorized to sell or otherwise dispose of lands declared excess by a state agency and the department determines that the use of the land is not needed by any other state agency, to sell or otherwise dispose of the land in accordance with specified requirements. Existing law requires the net proceeds received from any real property disposition pursuant to those provisions to be paid to the Deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds issued pursuant to the Economic Recovery Bond Act are retired, and, thereafter, to be deposited in the Special Fund for Economic Uncertainties. Notwithstanding that requirement, existing law requires the department to deposit into the General Fund the net proceeds of a lease entered into pursuant to certain provisions after specified deductions are made.This bill would authorize the department to deposit some or all of the net proceeds from the above-described real property dispositions into the Property Acquisition Law Money Account to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, as defined. The bill would exempt those deposits necessary to maintain the operating reserve from the above-described requirement to deposit the net proceeds of leases into the General Fund.Existing law authorizes the department, with the consent of the state agency concerned, to let for a period not to exceed 5 years any real or personal property that belongs to the state if the director deems it to be in the best interest of the state. Existing law requires any money received pursuant to those provisions to be deposited in the Property Acquisition Law Money Account, and makes those funds available upon appropriation by the Legislature.This bill would exempt funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing from the requirement that the funds be made available upon appropriation by the Legislature.(9) Existing law establishes the Department of Technology within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. Existing law requires an entity within the executive branch that is under the direct authority of the Governor to implement the policies and procedures issued by the office and authorizes the office to conduct, or require to be conducted, an independent security assessment of every state agency, department, or office, as specified.Existing law requires state agencies not covered by those above-described provisions to adopt and implement information security and privacy policies, standards, and procedures based upon standards issued by the National Institute of Standards and Technology and the Federal Information Processing Standards, as specified. Existing law requires these state agencies to certify, by February 1 annually, to the President pro Tempore of the Senate and the Speaker of the Assembly that the agency is in compliance with all adopted policies, standards, and procedures and to include a plan of action and milestones, as specified. Existing law requires the certifications to be kept confidential and requires the President pro Tempore of the Senate and the Speaker of the Assembly to consult with these state agencies on how to ensure confidentiality of the certifications and to determine the form required for certification.This bill would delete the above-described consultation requirements and would impose various security requirements, including, among others, restricting the transfer and storage methods of the certifications to electronic means. The bill would instead require these state agencies to submit the certifications to the Office of Information Security and would require the office to develop a form for this purpose. The bill would authorize the office to make recommendations and offer assistance to a state agency on completing the above-described plan of action and milestones, as specified. The bill would require the office to review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 annually thereafter, to the appropriate legislative committees and the Legislative Analysts Office. The bill would authorize a state agency, in lieu of complying with specified provisions, to instead annually submit a declaration to the Chief of the Office of Information Security, by January 15, confirming that the state agency is in compliance with those above-described provisions that apply to entities within the executive branch that is under the direct authority of the Governor. Because this declaration would be made under penalty of perjury, the bill would expand the crime of perjury, thereby imposing a state-mandated local program.(10) Existing law establishes, within the Department of Technology, the Office of Broadband and Digital Literacy and requires the office, consistent with the appropriation in the Budget Act of 2021, to oversee the acquisition and management of contracts for the development and construction of, and for the maintenance and operation of, a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the broadband network to facilitate high-speed broadband service, as specified. Existing law requires the office, where feasible, to consider a term of access to dark fiber for no less than a 20-year indefeasible right to use and to consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.This bill would, where available, authorize the Office of Broadband and Digital Literacy to enter into an agreement for the indefeasible right-to-use fiber only if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built under the authority of the office. The bill would, upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to these provisions, require the department within 60 days to update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts.Existing law creates the Department of Technology Services Revolving Fund within the State Treasury to receive all revenues from the sale of technology or specified technology services, for other services rendered by the Department of Technology, and all other moneys properly credited to the Department of Technology and to be used, upon appropriation by the Legislature, for specified purposes with respect to the administration of the Department of Technology.This bill would create the State Middle-Mile Broadband Enterprise Fund. The bill would require internet service providers, governmental entities, and other users of the statewide open-access middle-mile broadband network to pay the Department of Technology fees for connection to the statewide open-access middle-mile broadband network, as provided. The bill would also require all revenues payable to the Department of Technology for activities undertaken for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network to be deposited in the fund. The bill, until July 1, 2027, would continuously appropriate moneys in the fund to the Department of Technology for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network, thereby making an appropriation. On or after July 1, 2027, moneys in the fund are available for expenditure upon appropriation by the Legislature.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Public Housing Account and the Federal Funding Account. Under existing law, of the $2,000,000,000 appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission is required to allocate $1,000,000,000 for projects in rural counties and $1,000,000,000 for projects in urban counties, as specified. Existing law, until June 30, 2023, authorizes applicants to apply for and encumber specified allocated moneys for last-mile broadband projects, and would provide that any moneys not allocated pursuant to prescribed provisions shall be made available to the commission for the construction of last-mile broadband infrastructure anywhere in the state.This bill would require the commission to prioritize grants from the Broadband Public Housing Account to existing publicly supported housing developments that have not yet received a grant from the account and do not have access to free broadband internet service onsite. The bill would change the time period for applicants to apply for and encumber specified allocated moneys described above from June 30, 2023, to September 30, 2024.(11) Existing law establishes the Made in California Program within the Governors Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a Made in U.S.A. label, as provided.This bill would remove the requirement that a company establish that the finished product could lawfully use a Made in U.S.A. label in order to be eligible under the program.Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified.This bill would remove the requirement that the certification described above be a qualified third-party certification.Existing law requires the office to report to the Legislature on January 1 each year regarding the offices expenditures, progress, and ongoing priorities with the program.This bill would change the reporting date to February 15 of each year and would additionally require the report described above to include, among other things, the number of companies registered for the Made in California label and any other information about the program that the office deems appropriate.(12) Existing law establishes the Governors Office of Business and Economic Development, also known as GO-Biz, to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law prescribes the duties and functions of the Director of the Governors Office of Business and Economic Development.Existing law establishes the California Office of the Small Business Advocate (CalOSBA) within GO-Biz to serve as the principal advocate on behalf of small businesses, including to represent the views and interests of small businesses, among other duties. Existing law establishes various grant programs within CalOSBA.Chapter 74 of the Statutes of 2021 created, and Chapter 68 of the Statutes of 2022 subsequently amended, the California Venues Grant Program within CalOSBA to provide grants, subject to appropriation by the Legislature, to certain independent live events that have been affected by COVID-19 in order to support their continued operation, as specified. The program was repealed on December 31, 2022.This bill would reenact the program and would repeal it on June 30, 2024.Existing law establishes, upon appropriation by the Legislature, the California Regional Initiative for Social Enterprises Program within CalOSBA to provide financial and technical assistance to employment social enterprises for purposes of accelerating economic mobility and inclusion for individuals who experience employment barriers. Existing law requires CalOSBA to administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents through June 30, 2024.This bill would remove the disbursement end date mentioned above.Existing law establishes the California Nonprofit Performing Arts Grant Program within CalOSBA for the purpose of providing grants to eligible nonprofit performing arts organizations, as defined, to encourage workforce development. Existing law repeals the program on June 30, 2023.Existing law establishes the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants, in accordance with specified criteria, including geographic distribution based on COVID-19 restrictions, industry sectors most impacted by the pandemic, and underserved small businesses. Existing law repeals the program on January 1, 2024.Existing law establishes the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program within GO-Biz and implemented by CalOSBA to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. Existing law repeals the program on January 1, 2024.This bill would extend the repeal dates of the California Nonprofit Performing Arts Grant Program, the California Small Business COVID-19 Relief Grant Program, and the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to June 30, 2024.Existing law establishes, until June 30, 2023, the California Microbusiness COVID-19 Relief Grant Program within CalOSBA to assist qualified microbusinesses, as defined and certified under penalty of perjury, that have been significantly impacted by the COVID-19 pandemic, as provided. Existing law requires CalOSBA to administer a request for proposal in no more than 2 rounds for a specified period of time per round for eligible grantmaking entities, defined as a county or consortium of nonprofit, community-based organizations, as specified, and, subject to appropriation by the Legislature, requires a grantmaking entity that receives an allocation to administer a county program to, among other things, award individual grants to qualified microbusinesses.This bill would extend the repeal date of the California Microbusiness COVID-19 Relief Grant Program to June 30, 2024, and make conforming changes. By extending a program that requires qualified microbusinesses to make specified certifications under penalty of perjury, the bill would expand the scope of the crime of perjury and would thereby impose a state-mandated local program.(13) Existing law, until January 1, 2025, establishes the California Small Agricultural Business Drought Relief Grant Program in the Office of the Small Business Advocate, under the authority of its director, to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions, as prescribed. Existing law requires the office to allocate grants to qualified small agricultural businesses that meet the requirements of the program, upon appropriation of grant funds by the Legislature. Existing law defines a qualified small business for these purposes to mean a small business that meets specified criteria, including that the small business 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 and has been affected by severe drought according to the United States Department of Agriculture drought monitor. Existing law requires the office to report to the Legislature, on or before December 31, 2024, on the number of grants and dollar amounts awarded for specified categories.This bill would rename the program as the California Small Agricultural Business Drought and Flood Relief Grant Program and would extend the program until January 1, 2027. The bill would expand the purpose of the program to additionally provide grants to qualified small agricultural businesses that have been affected by flood conditions. The bill would prescribe how program grant funds are to be allocated in the Budget Act of 2022 related to drought impacts and how those funds are to be allocated in the Budget Act of 2023 related to storm flooding impacts. The bill would update the definition of a qualified small business for these purposes to require that the small business be domiciled in California with 100 or fewer in the 2022 and 2023 taxable years. The bill would expand the definition of a qualified small business to include a small business that is within or serves a county that has a state or federal disaster declaration for flooding. The bill would authorize the office to amend an existing contract with a fiscal agent to meet the requirements of the bills provisions, and would also authorize applicants to apply for relief grants under these provisions. The bill would require the office to report to the Legislature, on or before December 31, 2026, on the number of grants and dollar amounts awarded for specified categories. The bill would also make various conforming changes.(14) Existing law, the Financial Information System for California (FISCal) Act, requires the Department of Finance, the Controller, the Department of General Services, and the Treasurer to collaboratively develop, implement, and utilize a single integrated financial management system for the state, as prescribed. To facilitate the transition of the states accounting book of record, existing law requires, on or before July 1, 2023, the Controller to provide the necessary system and interface requirements to the department to perform accounting functions and produce financial reports, as specified, and, on or before March 1, 2023, and with the department, to evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality.This bill would, instead, require the Controller to provide the above-described system and interface requirements and, with the department, evaluate and develop the above-described timeline on December 31, 2023, to facilitate the integration of the states accounting book of record by July 1, 2026.(15) Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law requires the office to develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in ZEV deployment.Existing law requires the equity action plan to include, among other things, recommendations on actionable steps and metrics to measure and improve access to ZEVs, infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities. Existing law also requires the office to assess progress towards the plan, as specified.This bill would instead require the equity action plan to include recommendations on actionable steps and metrics to measure and improve access to ZEVs, public and private charging infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership. The bill would also require the assessment of progress towards the equity action plan to include metrics tracking state and federal subsidies for ZEVs and different ownership structures for ZEVs.(16) Existing law creates the Attorney General antitrust account in the General Fund, which is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for refund of any money erroneously paid into the account. Money in the account is available for expenditure only upon appropriation by the Legislature in the annual Budget Bill and if at any time the account exceeds $3,000,000, the excess is required to be transferred to the unallocated funds within the General Fund.This bill would delete the requirement that amounts in excess of $3,000,000 be transferred to the General Fund.Existing law generally makes the Attorney General responsible for representing state agencies in litigation matters. Under existing law, revenues in the Litigation Deposits Fund are continuously appropriated to the Department of Justice for litigation purposes. Existing law establishes the Legal Services Revolving Fund and requires state agency payments for legal services rendered by the Attorney General to be deposited therein. Existing law authorizes the Attorney General to expend the money in the Legal Services Revolving Fund, upon appropriation by the Legislature, for litigation activities. Existing law authorizes the Department of Justice to expend revenues transferred to the Legal Services Revolving Fund from the Litigation Deposits Fund only if approved by the Department of Finance.Existing law requires the Department of Justice to prepare and submit to specified individuals quarterly reports concerning the activity of the Litigation Deposits Fund that detail the number of deposits received, the receipt of interest income, disbursements to claimants, and the amount used for litigation costs of the department.This bill would, commencing July 1, 2023, require the Department of Justice to transfer deposited funds, with certain exceptions, to the General Fund or a state special fund subject to legislative oversight no later than 3 months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. The bill would require the Department of Justice to transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.The bill would require the Department of Justice to provide specified information with the quarterly reports concerning the activity of the Litigation Deposits Fund, including the number of new deposits received as of the prior report, the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case.(17) Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds. Existing law authorizes tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. Existing law requires the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.This bill would instead require that the planning and construction of the monument be funded exclusively through private funding from the tribal nations in the Sacramento, California region, and require the Department of General Services to be responsible for regular maintenance of the monument, as specified.(18) Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.Existing law establishes the Department of General Services within the Government Operations Agency and requires it to perform various functions and duties with respect to property within the state, including assisting in the development of permanent supportive housing and emergency shelters.This bill would authorize the Department of General Services to assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, as defined, in prescribed cities and counties if the political subdivision has declared a shelter crisis. The bill would limit the authority granted under the bill to the delivery of up to 1,200 emergency sleeping cabins. The bill would require the Department of General Services to execute a prescribed written transfer agreement with the political subdivision. The bill would authorize the department, in providing assistance to political subdivisions, to utilize any delivery method it deems appropriate and advantageous. The bill would further authorize the department to carry out a project on real property that is not owned by the state, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins. The bill would exempt work performed by the Department of General Services under the bill from specified laws and regulations, including provisions relating to public contracts, state building standards, and, with certain exceptions, the California Environmental Quality Act. These provisions would be repealed as of January 1, 2025.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(19) Existing law establishes the Office of Tax Appeals, and requires the office to publish a written opinion for each appeal decided by each tax appeals panel, as described. Existing law also requires the office to adopt regulations as necessary or appropriate to carry out the purposes of the office. Existing law, the Administrative Procedure Act, generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law exempts any standard, criterion, procedure, determination, rule, notice, or guideline established by the office from the requirements of the APA. This bill would restate the existing exemption from the Administrative Procedure Act to instead apply to any policy, procedure, notice, or guideline issued by the office. The bill would also exempt any final written opinion published by office from the requirements of the Administrative Procedure Act. The bill would authorize the office to designate any published written opinion as precedential in any matter or proceeding before the office, unless overruled, superseded, or otherwise designated nonprecedential by the office. The bill would declare that the designation of an opinion as precedential is not a rulemaking within the meaning of the Administrative Procedure Act.(20) Existing law establishes the Litigation Deposits Fund, under the control of the Department of Justice and consisting of moneys received by the state as litigation deposits, as specified. Existing law authorizes the Controller to use money in the fund for cashflow loans to the General Fund, as specified.This bill would authorize the Department of Finance to authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process, as specified.(21) Existing law authorizes the Adjutant General and the Military Department to establish support programs and educational programs for the benefit of the Military Department and its soldiers, airmen, and cadets, and their family members. Existing law establishes the California Military Department Support Fund to support those programs. Existing law also establishes the California National Guard Military Family Relief Fund as an account within the California Military Department Support Fund for the purpose of providing financial aid grants to eligible members of the California National Guard who are California residents and who have been called to active duty.This bill would repeal the California National Guard Military Family Relief Fund and deposit all remaining moneys from the fund into the California Military Department Support Fund. The bill would also remove the aid grant program funded by the California National Guard Military Family Relief Fund.(22) Existing law allows the Adjutant General of the Military Department to lease or authorize the use of armories that are built or acquired by the state and requires all revenues to be deposited in the Armory Discretionary Improvement Account.This bill would establish the Army Facilities Agreement Program Income Fund. The bill would require revenue received from nonfederal tenants use of Military Department facilities to be deposited into the fund, and upon appropriation by the Legislature, made available for maintenance of Army National Guard facilities.(23) Under existing law, the Department of Parks and Recreation controls the state park system. Existing law provides that the General Fund consists of money received into the State Treasury not required by law to be credited to any other fund.This bill would create the Southeast Los Angeles Cultural Center Development Advisory Panel to provide advice to the state and the County of Los Angeles in the development of the Southeast Los Angeles Cultural Center. The bill would require the department to convene the panel within 60 days of completion of appointments to the panel. The bill would require the panel to be chaired by the Director of Parks and Recreation and would authorize the county supervisor of southeast Los Angeles for the 4th supervisorial district to cochair the panel, as provided. The bill would require the Secretary of the Natural Resources Agency, and would authorize the county supervisor, to appoint 9 panel members, as provided. The bill would require the panel to, among other things, by January 1, 2027, develop a recommended operations plan for the Southeast Los Angeles Cultural Center, which shall not include a commitment of ongoing state resources for operation and maintenance.The bill would make these provisions inoperative on July 1, 2032, and would repeal them as of January 1, 2033.This bill would make legislative findings and declarations as to the necessity of a special statute for the southeast Los Angeles region.(24) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law establishes the Office of Planning and Research in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency.This bill would exempt from CEQA the actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to CEQA or by a tribe pursuant to an alternative process or program implemented by the tribe for evaluating environmental impacts.(25) Existing law establishes the Community Resilience Center Program, administered by the Strategic Growth Council in coordination with the Office of Planning and Research, to provide funding for the construction of new, or the retrofitting of existing, facilities that will serve as community resilience centers, as specified. Existing law authorizes the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain provisions that authorize specified state departments and authorities to make advance payments to community-based private nonprofit agencies under certain circumstances and subject to certain requirements.This bill would instead authorize the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain other provisions that authorize state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met and subject to certain requirements.This bill would make these provisions inoperative on July 1, 2025, and would repeal them as of January 1, 2026.(26) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(27) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. |
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| 22 | 33 | | |
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| 23 | 34 | | (1) Existing law, the California Age-Appropriate Design Code Act, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature. |
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| 24 | 35 | | |
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| 25 | 36 | | Existing law establishes the California Childrens Data Protection Working Group to deliver a report to the Legislature on or before January 1, 2024, and every 2 years thereafter, regarding best practices for the implementation of these provisions, as specified. Existing law requires the working group to select a chair and a vice chair from among its members and requires the working group to consist of 10 members, as specified. |
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| 26 | 37 | | |
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| 27 | 38 | | This bill would specify that the working group is within the Office of the Attorney General, and would require the report to, instead, be delivered on or before July 1, 2024, and every 2 years thereafter. The bill would instead require the working group to consist of 9 members, as specified. The bill would permit meetings of the working group to be conducted by means of remote communication, as specified. |
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| 28 | 39 | | |
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| 29 | 40 | | (2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines appropriations subject to limitation of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines appropriations subject to limitation of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes. |
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| 30 | 41 | | |
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| 31 | 42 | | Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, state subventions as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention. |
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| 32 | 43 | | |
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| 33 | 44 | | For fiscal years commencing with the 202021 fiscal year, existing law defines state subventions to additionally include money provided to a local agency pursuant to certain state programs and requires any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed. |
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| 34 | 45 | | |
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| 35 | 46 | | This bill would require the Department of Finance to, no later than February 1 of each year, calculate the individual subvention amounts for each of those state programs and provide this information on an annual basis to the California State Association of Counties and the League of California Cities for distribution to local agencies. The bill would require local agencies to use the calculations provided for purposes of the above-described appropriations limit. By revising the duties of local officials with respect to the limitation of appropriations by local agencies, this bill would impose a state-mandated local program. |
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| 36 | 47 | | |
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| 37 | 48 | | (3) Existing law, until January 1, 2027, establishes the Commission on the State of Hate in the state government, and specifies the goals of the commission, including providing resources and assistance to various state agencies, law enforcement agencies, and the public on the state of hate to keep these entities and the public informed of emerging trends in hate-related crime. Existing law provides for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature, and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation. |
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| 38 | 49 | | |
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| 39 | 50 | | This bill would instead authorize appointed members of the commission to receive a per diem of $100 for each public meeting and community forum of the commission that they attend, and would also entitle those individuals to reimbursement for expenses incurred. The bill would provide that legislative members, ex officio members, and nonmember advisers of the commission are not entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities. |
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| 40 | 51 | | |
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| 41 | 52 | | Existing law requires nonlegislative members of the commission to receive reimbursement for per diem expenses while engaged in commission activities, upon appropriation by the Legislature and prohibits legislative members, ex officio members, and nonmember advisers of the commission from receiving compensation. Existing law requires the commission to issue an annual State of Hate report to the Governor and Legislature by July 1 of each year that describes the activities from the previous year and the recommendations for the following year. Existing law requires that report to include prescribed information, including a comprehensive accounting of hate crime activity statewide and relevant hate crime trends and statistics. Existing law requires the first annual report to be made available by July 1, 2023. |
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| 42 | 53 | | |
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| 43 | 54 | | For the annual report due by July 1, 2024, and July 1, 2025, the bill would instead require the commission to include that above-described information in the report only to the extent that specified information is available. For any annual report due by and after July 1, 2026, the bill would instead require the commission to include that above-described information. |
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| 44 | 55 | | |
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| 45 | 56 | | (4) Existing law, the California Youth Empowerment Act, establishes the California Youth Empowerment Commission within the state government to advise on providing meaningful opportunities for civic engagement to improve the quality of life for Californias disconnected and disadvantaged youth. Existing law establishes the Office of Planning and Research within the Governors office, and sets forth its powers and duties. |
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| 46 | 57 | | |
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| 47 | 58 | | This bill would place the commission within the Office of Planning and Research. The bill would make conforming changes. |
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| 48 | 59 | | |
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| 49 | 60 | | Existing law requires the commission, on or before January 1, 2024, and annually thereafter, to publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. |
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| 50 | 61 | | |
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| 51 | 62 | | This bill would instead require the commission to publish the first annual report on or before May 30, 2025. |
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| 52 | 63 | | |
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| 53 | 64 | | Existing law requires the Governor to appoint an executive director of the commission to, among other duties, assist the commission in carrying out its work and hire commission staff, including hiring deputy directors. |
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| 54 | 65 | | |
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| 55 | 66 | | This bill would delete the duty to hire deputy directors from the executive directors duties. |
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| 56 | 67 | | |
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| 57 | 68 | | Under existing law, these provisions are to be implemented only if funds are made available in the budget or through gifts and grants. |
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| 58 | 69 | | |
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| 59 | 70 | | This bill would instead specify that these provisions are to be implemented upon appropriation by the Legislature. |
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| 60 | 71 | | |
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| 61 | 72 | | Existing law repeals these provisions on January 1, 2027. |
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| 62 | 73 | | |
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| 63 | 74 | | This bill would instead repeal them on January 1, 2030. |
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| 64 | 75 | | |
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| 65 | 76 | | (5) Existing law establishes an Office of Health Equity in the State Department of Public Health for purposes of aligning state resources, decisionmaking, and programs to accomplish certain goals related to health equity and protecting vulnerable communities. Existing law requires the office to develop departmentwide plans to close the gaps in health status and access to care among the states diverse racial and ethnic communities, women, persons with disabilities, and the lesbian, gay, bisexual, transgender, queer, and questioning communities, as specified. Existing law requires the office to work with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts by, among other things, prioritizing building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity. |
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| 66 | 77 | | |
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| 67 | 78 | | Existing law establishes the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States to, among other things, identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies. Existing law requires the task force to submit a written report of its findings and recommendations to the Legislature. |
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| 68 | 79 | | |
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| 69 | 80 | | This bill, until January 1, 2030, would establish in state government a Racial Equity Commission. The bill would require the commission to be staffed by the Office of Planning and Research. The bill would require the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California. The bill would require the commission to prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity and to submit that report, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature, as specified. |
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| 70 | 81 | | |
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| 71 | 82 | | (6) Existing law, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist. That act provides that the California Emergency Relief Fund is created as a special fund in the State Treasury to provide emergency resources or relief relating to state of emergency declarations proclaimed by the Governor. |
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| 72 | 83 | | |
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| 73 | 84 | | This bill would authorize the Department of Finance to transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired. |
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| 74 | 85 | | |
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| 75 | 86 | | (7) Existing law, the Dixon-Zenovich-Maddy California Arts Act of 1975, establishes the Arts Council, consisting of 11 appointed members, and sets forth its powers and duties, including providing for the exhibition of art works in public buildings throughout California. |
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| 76 | 87 | | |
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| 77 | 88 | | This bill would require, upon appropriation by the Legislature, the Arts Council to establish the California Creative Economy Workgroup to develop a strategic plan for the California creative economy. The bill would provide for the membership of the workgroup and require the workgroup to, among other things, collect and analyze data on the state of the California creative economy. The bill would require the workgroup to publish a report detailing the findings and recommendations of the workgroup on the councils website, and submit the report to the appropriate committees of the Legislature by June 30, 2025. The bill would authorize the council to enter into a contract with a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report, as specified. The bill would repeal these provisions on July 1, 2025. |
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| 78 | 89 | | |
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| 79 | 90 | | (8) Existing law requires the Department of General Services, when authorized to sell or otherwise dispose of lands declared excess by a state agency and the department determines that the use of the land is not needed by any other state agency, to sell or otherwise dispose of the land in accordance with specified requirements. Existing law requires the net proceeds received from any real property disposition pursuant to those provisions to be paid to the Deficit Recovery Bond Retirement Sinking Fund Subaccount until the bonds issued pursuant to the Economic Recovery Bond Act are retired, and, thereafter, to be deposited in the Special Fund for Economic Uncertainties. Notwithstanding that requirement, existing law requires the department to deposit into the General Fund the net proceeds of a lease entered into pursuant to certain provisions after specified deductions are made. |
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| 80 | 91 | | |
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| 81 | 92 | | This bill would authorize the department to deposit some or all of the net proceeds from the above-described real property dispositions into the Property Acquisition Law Money Account to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, as defined. The bill would exempt those deposits necessary to maintain the operating reserve from the above-described requirement to deposit the net proceeds of leases into the General Fund. |
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| 82 | 93 | | |
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| 83 | 94 | | Existing law authorizes the department, with the consent of the state agency concerned, to let for a period not to exceed 5 years any real or personal property that belongs to the state if the director deems it to be in the best interest of the state. Existing law requires any money received pursuant to those provisions to be deposited in the Property Acquisition Law Money Account, and makes those funds available upon appropriation by the Legislature. |
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| 84 | 95 | | |
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| 85 | 96 | | This bill would exempt funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing from the requirement that the funds be made available upon appropriation by the Legislature. |
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| 86 | 97 | | |
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| 87 | 98 | | (9) Existing law establishes the Department of Technology within the Government Operations Agency, under the supervision of the Director of Technology, also known as the State Chief Information Officer. Existing law establishes the Office of Information Security within the Department of Technology for the purpose of ensuring the confidentiality, integrity, and availability of state systems and applications and to promote and protect privacy as part of the development and operations of state systems and applications to ensure the trust of the residents of this state. Existing law requires an entity within the executive branch that is under the direct authority of the Governor to implement the policies and procedures issued by the office and authorizes the office to conduct, or require to be conducted, an independent security assessment of every state agency, department, or office, as specified. |
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| 88 | 99 | | |
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| 89 | 100 | | Existing law requires state agencies not covered by those above-described provisions to adopt and implement information security and privacy policies, standards, and procedures based upon standards issued by the National Institute of Standards and Technology and the Federal Information Processing Standards, as specified. Existing law requires these state agencies to certify, by February 1 annually, to the President pro Tempore of the Senate and the Speaker of the Assembly that the agency is in compliance with all adopted policies, standards, and procedures and to include a plan of action and milestones, as specified. Existing law requires the certifications to be kept confidential and requires the President pro Tempore of the Senate and the Speaker of the Assembly to consult with these state agencies on how to ensure confidentiality of the certifications and to determine the form required for certification. |
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| 90 | 101 | | |
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| 91 | 102 | | This bill would delete the above-described consultation requirements and would impose various security requirements, including, among others, restricting the transfer and storage methods of the certifications to electronic means. The bill would instead require these state agencies to submit the certifications to the Office of Information Security and would require the office to develop a form for this purpose. The bill would authorize the office to make recommendations and offer assistance to a state agency on completing the above-described plan of action and milestones, as specified. The bill would require the office to review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 annually thereafter, to the appropriate legislative committees and the Legislative Analysts Office. The bill would authorize a state agency, in lieu of complying with specified provisions, to instead annually submit a declaration to the Chief of the Office of Information Security, by January 15, confirming that the state agency is in compliance with those above-described provisions that apply to entities within the executive branch that is under the direct authority of the Governor. Because this declaration would be made under penalty of perjury, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. |
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| 92 | 103 | | |
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| 93 | 104 | | (10) Existing law establishes, within the Department of Technology, the Office of Broadband and Digital Literacy and requires the office, consistent with the appropriation in the Budget Act of 2021, to oversee the acquisition and management of contracts for the development and construction of, and for the maintenance and operation of, a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the broadband network to facilitate high-speed broadband service, as specified. Existing law requires the office, where feasible, to consider a term of access to dark fiber for no less than a 20-year indefeasible right to use and to consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network. |
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| 94 | 105 | | |
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| 95 | 106 | | This bill would, where available, authorize the Office of Broadband and Digital Literacy to enter into an agreement for the indefeasible right-to-use fiber only if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built under the authority of the office. The bill would, upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to these provisions, require the department within 60 days to update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts. |
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| 96 | 107 | | |
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| 97 | 108 | | Existing law creates the Department of Technology Services Revolving Fund within the State Treasury to receive all revenues from the sale of technology or specified technology services, for other services rendered by the Department of Technology, and all other moneys properly credited to the Department of Technology and to be used, upon appropriation by the Legislature, for specified purposes with respect to the administration of the Department of Technology. |
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| 98 | 109 | | |
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| 99 | 110 | | This bill would create the State Middle-Mile Broadband Enterprise Fund. The bill would require internet service providers, governmental entities, and other users of the statewide open-access middle-mile broadband network to pay the Department of Technology fees for connection to the statewide open-access middle-mile broadband network, as provided. The bill would also require all revenues payable to the Department of Technology for activities undertaken for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network to be deposited in the fund. The bill, until July 1, 2027, would continuously appropriate moneys in the fund to the Department of Technology for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network, thereby making an appropriation. On or after July 1, 2027, moneys in the fund are available for expenditure upon appropriation by the Legislature. |
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| 100 | 111 | | |
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| 101 | 112 | | Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law requires the commission to establish specified accounts within the CASF, including, among other accounts, the Broadband Public Housing Account and the Federal Funding Account. Under existing law, of the $2,000,000,000 appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission is required to allocate $1,000,000,000 for projects in rural counties and $1,000,000,000 for projects in urban counties, as specified. Existing law, until June 30, 2023, authorizes applicants to apply for and encumber specified allocated moneys for last-mile broadband projects, and would provide that any moneys not allocated pursuant to prescribed provisions shall be made available to the commission for the construction of last-mile broadband infrastructure anywhere in the state. |
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| 102 | 113 | | |
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| 103 | 114 | | This bill would require the commission to prioritize grants from the Broadband Public Housing Account to existing publicly supported housing developments that have not yet received a grant from the account and do not have access to free broadband internet service onsite. The bill would change the time period for applicants to apply for and encumber specified allocated moneys described above from June 30, 2023, to September 30, 2024. |
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| 104 | 115 | | |
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| 105 | 116 | | (11) Existing law establishes the Made in California Program within the Governors Office of Business and Economic Development for the purposes of encouraging consumer product awareness and fostering purchases of high-quality products made in this state. Existing law requires, in order to be eligible under the program, a company to establish that the product is substantially made by an individual located in the state and that the finished product could lawfully use a Made in U.S.A. label, as provided. |
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| 106 | 117 | | |
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| 107 | 118 | | This bill would remove the requirement that a company establish that the finished product could lawfully use a Made in U.S.A. label in order to be eligible under the program. |
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| 108 | 119 | | |
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| 109 | 120 | | Existing law requires the office to require each company to register with the office for use of the Made in California label and requires a company filing for registration to submit a qualified third-party certification, as defined, at least once every 3 years, as specified. |
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| 110 | 121 | | |
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| 111 | 122 | | This bill would remove the requirement that the certification described above be a qualified third-party certification. |
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| 112 | 123 | | |
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| 113 | 124 | | Existing law requires the office to report to the Legislature on January 1 each year regarding the offices expenditures, progress, and ongoing priorities with the program. |
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| 114 | 125 | | |
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| 115 | 126 | | This bill would change the reporting date to February 15 of each year and would additionally require the report described above to include, among other things, the number of companies registered for the Made in California label and any other information about the program that the office deems appropriate. |
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| 116 | 127 | | |
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| 117 | 128 | | (12) Existing law establishes the Governors Office of Business and Economic Development, also known as GO-Biz, to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law prescribes the duties and functions of the Director of the Governors Office of Business and Economic Development. |
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| 118 | 129 | | |
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| 119 | 130 | | Existing law establishes the California Office of the Small Business Advocate (CalOSBA) within GO-Biz to serve as the principal advocate on behalf of small businesses, including to represent the views and interests of small businesses, among other duties. Existing law establishes various grant programs within CalOSBA. |
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| 120 | 131 | | |
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| 121 | 132 | | Chapter 74 of the Statutes of 2021 created, and Chapter 68 of the Statutes of 2022 subsequently amended, the California Venues Grant Program within CalOSBA to provide grants, subject to appropriation by the Legislature, to certain independent live events that have been affected by COVID-19 in order to support their continued operation, as specified. The program was repealed on December 31, 2022. |
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| 122 | 133 | | |
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| 123 | 134 | | This bill would reenact the program and would repeal it on June 30, 2024. |
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| 124 | 135 | | |
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| 125 | 136 | | Existing law establishes, upon appropriation by the Legislature, the California Regional Initiative for Social Enterprises Program within CalOSBA to provide financial and technical assistance to employment social enterprises for purposes of accelerating economic mobility and inclusion for individuals who experience employment barriers. Existing law requires CalOSBA to administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents through June 30, 2024. |
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| 126 | 137 | | |
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| 127 | 138 | | This bill would remove the disbursement end date mentioned above. |
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| 128 | 139 | | |
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| 129 | 140 | | Existing law establishes the California Nonprofit Performing Arts Grant Program within CalOSBA for the purpose of providing grants to eligible nonprofit performing arts organizations, as defined, to encourage workforce development. Existing law repeals the program on June 30, 2023. |
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| 130 | 141 | | |
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| 131 | 142 | | Existing law establishes the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants, in accordance with specified criteria, including geographic distribution based on COVID-19 restrictions, industry sectors most impacted by the pandemic, and underserved small businesses. Existing law repeals the program on January 1, 2024. |
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| 132 | 143 | | |
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| 133 | 144 | | Existing law establishes the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program within GO-Biz and implemented by CalOSBA to assist qualified small businesses or nonprofits that are incurring costs for COVID-19 supplemental paid sick leave. Existing law repeals the program on January 1, 2024. |
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| 134 | 145 | | |
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| 135 | 146 | | This bill would extend the repeal dates of the California Nonprofit Performing Arts Grant Program, the California Small Business COVID-19 Relief Grant Program, and the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to June 30, 2024. |
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| 136 | 147 | | |
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| 137 | 148 | | Existing law establishes, until June 30, 2023, the California Microbusiness COVID-19 Relief Grant Program within CalOSBA to assist qualified microbusinesses, as defined and certified under penalty of perjury, that have been significantly impacted by the COVID-19 pandemic, as provided. Existing law requires CalOSBA to administer a request for proposal in no more than 2 rounds for a specified period of time per round for eligible grantmaking entities, defined as a county or consortium of nonprofit, community-based organizations, as specified, and, subject to appropriation by the Legislature, requires a grantmaking entity that receives an allocation to administer a county program to, among other things, award individual grants to qualified microbusinesses. |
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| 138 | 149 | | |
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| 139 | 150 | | This bill would extend the repeal date of the California Microbusiness COVID-19 Relief Grant Program to June 30, 2024, and make conforming changes. By extending a program that requires qualified microbusinesses to make specified certifications under penalty of perjury, the bill would expand the scope of the crime of perjury and would thereby impose a state-mandated local program. |
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| 140 | 151 | | |
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| 141 | 152 | | (13) Existing law, until January 1, 2025, establishes the California Small Agricultural Business Drought Relief Grant Program in the Office of the Small Business Advocate, under the authority of its director, to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions, as prescribed. Existing law requires the office to allocate grants to qualified small agricultural businesses that meet the requirements of the program, upon appropriation of grant funds by the Legislature. Existing law defines a qualified small business for these purposes to mean a small business that meets specified criteria, including that the small business 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 and has been affected by severe drought according to the United States Department of Agriculture drought monitor. Existing law requires the office to report to the Legislature, on or before December 31, 2024, on the number of grants and dollar amounts awarded for specified categories. |
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| 142 | 153 | | |
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| 143 | 154 | | This bill would rename the program as the California Small Agricultural Business Drought and Flood Relief Grant Program and would extend the program until January 1, 2027. The bill would expand the purpose of the program to additionally provide grants to qualified small agricultural businesses that have been affected by flood conditions. The bill would prescribe how program grant funds are to be allocated in the Budget Act of 2022 related to drought impacts and how those funds are to be allocated in the Budget Act of 2023 related to storm flooding impacts. The bill would update the definition of a qualified small business for these purposes to require that the small business be domiciled in California with 100 or fewer in the 2022 and 2023 taxable years. The bill would expand the definition of a qualified small business to include a small business that is within or serves a county that has a state or federal disaster declaration for flooding. The bill would authorize the office to amend an existing contract with a fiscal agent to meet the requirements of the bills provisions, and would also authorize applicants to apply for relief grants under these provisions. The bill would require the office to report to the Legislature, on or before December 31, 2026, on the number of grants and dollar amounts awarded for specified categories. The bill would also make various conforming changes. |
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| 144 | 155 | | |
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| 145 | 156 | | (14) Existing law, the Financial Information System for California (FISCal) Act, requires the Department of Finance, the Controller, the Department of General Services, and the Treasurer to collaboratively develop, implement, and utilize a single integrated financial management system for the state, as prescribed. To facilitate the transition of the states accounting book of record, existing law requires, on or before July 1, 2023, the Controller to provide the necessary system and interface requirements to the department to perform accounting functions and produce financial reports, as specified, and, on or before March 1, 2023, and with the department, to evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. |
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| 146 | 157 | | |
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| 147 | 158 | | This bill would, instead, require the Controller to provide the above-described system and interface requirements and, with the department, evaluate and develop the above-described timeline on December 31, 2023, to facilitate the integration of the states accounting book of record by July 1, 2026. |
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| 148 | 159 | | |
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| 149 | 160 | | (15) Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law requires the office to develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in ZEV deployment. |
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| 150 | 161 | | |
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| 151 | 162 | | Existing law requires the equity action plan to include, among other things, recommendations on actionable steps and metrics to measure and improve access to ZEVs, infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities. Existing law also requires the office to assess progress towards the plan, as specified. |
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| 152 | 163 | | |
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| 153 | 164 | | This bill would instead require the equity action plan to include recommendations on actionable steps and metrics to measure and improve access to ZEVs, public and private charging infrastructure, and ZEV transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership. The bill would also require the assessment of progress towards the equity action plan to include metrics tracking state and federal subsidies for ZEVs and different ownership structures for ZEVs. |
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| 154 | 165 | | |
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| 155 | 166 | | (16) Existing law creates the Attorney General antitrust account in the General Fund, which is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for refund of any money erroneously paid into the account. Money in the account is available for expenditure only upon appropriation by the Legislature in the annual Budget Bill and if at any time the account exceeds $3,000,000, the excess is required to be transferred to the unallocated funds within the General Fund. |
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| 156 | 167 | | |
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| 157 | 168 | | This bill would delete the requirement that amounts in excess of $3,000,000 be transferred to the General Fund. |
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| 158 | 169 | | |
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| 159 | 170 | | Existing law generally makes the Attorney General responsible for representing state agencies in litigation matters. Under existing law, revenues in the Litigation Deposits Fund are continuously appropriated to the Department of Justice for litigation purposes. Existing law establishes the Legal Services Revolving Fund and requires state agency payments for legal services rendered by the Attorney General to be deposited therein. Existing law authorizes the Attorney General to expend the money in the Legal Services Revolving Fund, upon appropriation by the Legislature, for litigation activities. Existing law authorizes the Department of Justice to expend revenues transferred to the Legal Services Revolving Fund from the Litigation Deposits Fund only if approved by the Department of Finance. |
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| 160 | 171 | | |
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| 161 | 172 | | Existing law requires the Department of Justice to prepare and submit to specified individuals quarterly reports concerning the activity of the Litigation Deposits Fund that detail the number of deposits received, the receipt of interest income, disbursements to claimants, and the amount used for litigation costs of the department. |
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| 162 | 173 | | |
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| 163 | 174 | | This bill would, commencing July 1, 2023, require the Department of Justice to transfer deposited funds, with certain exceptions, to the General Fund or a state special fund subject to legislative oversight no later than 3 months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. The bill would require the Department of Justice to transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024. |
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| 164 | 175 | | |
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| 165 | 176 | | The bill would require the Department of Justice to provide specified information with the quarterly reports concerning the activity of the Litigation Deposits Fund, including the number of new deposits received as of the prior report, the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. |
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| 166 | 177 | | |
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| 167 | 178 | | (17) Existing law provides for various memorials and monuments on the grounds of the State Capitol. Existing law requires the Department of General Services to maintain state buildings and grounds. Existing law authorizes tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, to plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol. Existing law requires the planning, construction, and maintenance of the monument to be funded exclusively through private funding from the tribal nations in the Sacramento, California, region. |
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| 168 | 179 | | |
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| 169 | 180 | | This bill would instead require that the planning and construction of the monument be funded exclusively through private funding from the tribal nations in the Sacramento, California region, and require the Department of General Services to be responsible for regular maintenance of the monument, as specified. |
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| 170 | 181 | | |
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| 171 | 182 | | (18) Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis. |
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| 172 | 183 | | |
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| 173 | 184 | | Existing law establishes the Department of General Services within the Government Operations Agency and requires it to perform various functions and duties with respect to property within the state, including assisting in the development of permanent supportive housing and emergency shelters. |
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| 174 | 185 | | |
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| 175 | 186 | | This bill would authorize the Department of General Services to assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, as defined, in prescribed cities and counties if the political subdivision has declared a shelter crisis. The bill would limit the authority granted under the bill to the delivery of up to 1,200 emergency sleeping cabins. The bill would require the Department of General Services to execute a prescribed written transfer agreement with the political subdivision. The bill would authorize the department, in providing assistance to political subdivisions, to utilize any delivery method it deems appropriate and advantageous. The bill would further authorize the department to carry out a project on real property that is not owned by the state, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins. The bill would exempt work performed by the Department of General Services under the bill from specified laws and regulations, including provisions relating to public contracts, state building standards, and, with certain exceptions, the California Environmental Quality Act. These provisions would be repealed as of January 1, 2025. |
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| 176 | 187 | | |
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| 177 | 188 | | This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles. |
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| 178 | 189 | | |
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| 179 | 190 | | (19) Existing law establishes the Office of Tax Appeals, and requires the office to publish a written opinion for each appeal decided by each tax appeals panel, as described. Existing law also requires the office to adopt regulations as necessary or appropriate to carry out the purposes of the office. Existing law, the Administrative Procedure Act, generally governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law exempts any standard, criterion, procedure, determination, rule, notice, or guideline established by the office from the requirements of the APA. |
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| 180 | 191 | | |
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| 181 | 192 | | This bill would restate the existing exemption from the Administrative Procedure Act to instead apply to any policy, procedure, notice, or guideline issued by the office. The bill would also exempt any final written opinion published by office from the requirements of the Administrative Procedure Act. The bill would authorize the office to designate any published written opinion as precedential in any matter or proceeding before the office, unless overruled, superseded, or otherwise designated nonprecedential by the office. The bill would declare that the designation of an opinion as precedential is not a rulemaking within the meaning of the Administrative Procedure Act. |
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| 182 | 193 | | |
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| 183 | 194 | | (20) Existing law establishes the Litigation Deposits Fund, under the control of the Department of Justice and consisting of moneys received by the state as litigation deposits, as specified. Existing law authorizes the Controller to use money in the fund for cashflow loans to the General Fund, as specified. |
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| 184 | 195 | | |
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| 185 | 196 | | This bill would authorize the Department of Finance to authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process, as specified. |
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| 186 | 197 | | |
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| 187 | 198 | | (21) Existing law authorizes the Adjutant General and the Military Department to establish support programs and educational programs for the benefit of the Military Department and its soldiers, airmen, and cadets, and their family members. Existing law establishes the California Military Department Support Fund to support those programs. Existing law also establishes the California National Guard Military Family Relief Fund as an account within the California Military Department Support Fund for the purpose of providing financial aid grants to eligible members of the California National Guard who are California residents and who have been called to active duty. |
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| 188 | 199 | | |
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| 189 | 200 | | This bill would repeal the California National Guard Military Family Relief Fund and deposit all remaining moneys from the fund into the California Military Department Support Fund. The bill would also remove the aid grant program funded by the California National Guard Military Family Relief Fund. |
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| 190 | 201 | | |
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| 191 | 202 | | (22) Existing law allows the Adjutant General of the Military Department to lease or authorize the use of armories that are built or acquired by the state and requires all revenues to be deposited in the Armory Discretionary Improvement Account. |
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| 192 | 203 | | |
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| 193 | 204 | | This bill would establish the Army Facilities Agreement Program Income Fund. The bill would require revenue received from nonfederal tenants use of Military Department facilities to be deposited into the fund, and upon appropriation by the Legislature, made available for maintenance of Army National Guard facilities. |
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| 194 | 205 | | |
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| 195 | 206 | | (23) Under existing law, the Department of Parks and Recreation controls the state park system. Existing law provides that the General Fund consists of money received into the State Treasury not required by law to be credited to any other fund. |
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| 196 | 207 | | |
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| 197 | 208 | | This bill would create the Southeast Los Angeles Cultural Center Development Advisory Panel to provide advice to the state and the County of Los Angeles in the development of the Southeast Los Angeles Cultural Center. The bill would require the department to convene the panel within 60 days of completion of appointments to the panel. The bill would require the panel to be chaired by the Director of Parks and Recreation and would authorize the county supervisor of southeast Los Angeles for the 4th supervisorial district to cochair the panel, as provided. The bill would require the Secretary of the Natural Resources Agency, and would authorize the county supervisor, to appoint 9 panel members, as provided. The bill would require the panel to, among other things, by January 1, 2027, develop a recommended operations plan for the Southeast Los Angeles Cultural Center, which shall not include a commitment of ongoing state resources for operation and maintenance. |
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| 198 | 209 | | |
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| 199 | 210 | | The bill would make these provisions inoperative on July 1, 2032, and would repeal them as of January 1, 2033. |
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| 200 | 211 | | |
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| 201 | 212 | | This bill would make legislative findings and declarations as to the necessity of a special statute for the southeast Los Angeles region. |
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| 202 | 213 | | |
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| 203 | 214 | | (24) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. |
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| 204 | 215 | | |
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| 205 | 216 | | Existing law establishes the Office of Planning and Research in the Governors office for the purpose of serving the Governor and the Governors cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. |
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| 206 | 217 | | |
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| 207 | 218 | | This bill would exempt from CEQA the actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to CEQA or by a tribe pursuant to an alternative process or program implemented by the tribe for evaluating environmental impacts. |
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| 208 | 219 | | |
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| 209 | 220 | | (25) Existing law establishes the Community Resilience Center Program, administered by the Strategic Growth Council in coordination with the Office of Planning and Research, to provide funding for the construction of new, or the retrofitting of existing, facilities that will serve as community resilience centers, as specified. Existing law authorizes the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain provisions that authorize specified state departments and authorities to make advance payments to community-based private nonprofit agencies under certain circumstances and subject to certain requirements. |
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| 210 | 221 | | |
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| 211 | 222 | | This bill would instead authorize the council, until July 1, 2025, to authorize advance payments on a grant awarded under the program in accordance with certain other provisions that authorize state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met and subject to certain requirements. |
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| 212 | 223 | | |
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| 213 | 224 | | This bill would make these provisions inoperative on July 1, 2025, and would repeal them as of January 1, 2026. |
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| 214 | 225 | | |
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| 215 | 226 | | (26) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 216 | 227 | | |
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| 217 | 228 | | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. |
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| 218 | 229 | | |
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| 219 | 230 | | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 220 | 231 | | |
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| 221 | 232 | | (27) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. |
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| 222 | 233 | | |
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| 223 | 234 | | ## Digest Key |
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| 224 | 235 | | |
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| 225 | 236 | | ## Bill Text |
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| 226 | 237 | | |
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| 227 | 238 | | The people of the State of California do enact as follows:SECTION 1. Section 1798.99.32 of the Civil Code is amended to read:1798.99.32. (a) The California Childrens Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.(b) Working group members shall consist of Californians with expertise in at least two of the following areas:(1) Childrens data privacy.(2) Physical health.(3) Mental health and well-being.(4) Computer science.(5) Childrens rights.(c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:(1) Two appointees by the Governor.(2) Two appointees by the President Pro Tempore of the Senate.(3) Two appointees by the Speaker of the Assembly.(4) Two appointees by the Attorney General.(5) One appointee by the California Privacy Protection Agency.(d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:(1) Identifying online services, products, or features likely to be accessed by children.(2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.(3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.(4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.(5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.(6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.(e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).(f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.(g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.(h) This section shall remain in effect until January 1, 2030, and as of that date is repealed.SEC. 2. Section 7903 of the Government Code is amended to read:7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) Sexually transmitted disease prevention and control activities (Section 120511 of the Health and Safety Code).(E) Support for vital public health activities (Article 7 (commencing with Section 101320) of Chapter 3 of Part 3 of Division 101 of the Health and Safety Code).(F) County administration for Medi-Cal eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified precare and postcare services for individuals treated in short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental health plan costs for Continuum of Care Reform (Sections 4096.5 and 11462.01 of the Welfare and Institutions Code).(N) Mobile crisis services (Section 14132.57 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Funds distributed from the Mental Health Services Fund pursuant to Section 5892 of the Welfare and Institutions Code.(Q) Drug Medi-Cal organized delivery system, excluding Narcotic Treatment Program services (Section 14184.401 of the Welfare and Institutions Code).(R) Drug Medi-Cal, excluding Narcotic Treatment Program services (Section 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022).(T) Mental Health Student Services Act partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program (Chapter 25 of the Statutes of 2016 (Assembly Bill No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey (Executive Order No. N-32-20 and Item 5180-151-0001 of the Budget Act of 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item 5180-493 of the Budget Act of 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of 2022).(AE) Adult Protective Services (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code).(AF) Adult corrections and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections planning and grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Title 10.2 (commencing with Section 14130) of the Penal Code, Chapter 337 of the Statutes of 2020 (Senate Bill No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of 2021).(AK) Department of Cannabis Control grant (Item 1115-101-0001 of the Budget Act of 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural land burning in San Joaquin Valley (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for fire and rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment resolution grants (Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Sections 50675.1.1 to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) No later than February 1 of each year, the Department of Finance shall do both of the following:(A) Calculate for each local agency the individual subvention amounts for each program listed in paragraph (1) of subdivision (b).(B) Provide the information described in subparagraph (A) to the California State Association of Counties and the League of California Cities for distribution to local agencies.(2) Local agencies shall utilize the amounts calculated by the Department of Finance and provided to them pursuant to this subdivision for purposes of Article XIIIB of the California Constitution and this division.(d) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(e) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code.SEC. 3. Section 8010 of the Government Code is amended to read:8010. (a) There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows:(1) Five members appointed by the Governor.(2) Two members appointed by the Speaker of the Assembly.(3) Two members appointed by the Senate Committee on Rules.(b) Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information, including and especially persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities.(c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:(1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.(2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years.(d) The members shall elect one of their number to serve as chairperson of the commission.(e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.(2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the states diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.(f) (1) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties.(2) The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(3) The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(g) Members of the commission may select representatives to attend commission activities if they are unable to attend.(h) (1) A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses.(2) Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.(i) The commission shall have the following goals:(1) Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime.(2) Engage in fact finding, data collection, and the production of annual reports on the state of hate and hate-related crimes.(3) Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime.(4) Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following:(A) Promote intersocial education designed to foster mutual respect and understanding among Californias diverse population.(B) Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance.(C) Advise on related matters periodically.(j) The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts.(k) Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023.(1) For the Annual State of Hate Commission Report that is due by and after July 1, 2026, the commission shall prepare a report that includes all of the following:(A) A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics.(B) Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes.(C) Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes.(D) Recommendations for actions to be taken by communities that will help respond to and reduce instances of hate crimes.(E) Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes.(2) For the Annual State of Hate Commission Report that is due by July 1, 2024, and July 1, 2025, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available.(3) For purposes of this subdivision, hate crime has the same meaning as defined in Section 422.55 of the Penal Code.(4) Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual.(l) Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023.(m) All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795.(n) In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant law.(o) The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following:(1) Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(2) Federal grant programs.SEC. 4. Section 8263 of the Government Code is amended to read:8263. (a) There is in the Office of Planning and Research the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows:(1) Eleven public members appointed by the Governor, subject to the following requirements:(A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor.(B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner.(C) Five of the commissioners shall be between 14 to 18 years of age.(D) Five of the commissioners shall be between 18 to 25 years of age.(E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration.(F) One at-large commissioner, who may be between 14 to 25 years of age.(2) One at-large public member appointed by the Senate Committee on Rules.(3) One at-large public member appointed by the Speaker of the Assembly.(4) The Governor may appoint alternates for those described in paragraph (1).(b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows:(1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba.(2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity.(3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco.(4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne.(5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura.(6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare.(7) The Inland Empire region consists of the Counties of Riverside and San Bernardino.(8) The Los Angeles region consists of the County of Los Angeles.(9) The Orange County region consists of the County of Orange.(10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego.(c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission.(d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of Californias youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives.SEC. 5. Section 8270 of the Government Code is amended to read:8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before August 2023, or not later than eight months after funding is made available for this purpose.SEC. 6. Section 8272 of the Government Code is amended to read:8272. The commission shall do the following:(a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California.(b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following:(1) Achievement gap.(2) Behavioral and physical health.(3) Bullying.(4) Career preparation.(5) Child welfare.(6) Child and sexual abuse.(7) Civic engagement.(8) Climate crisis.(9) College affordability and student loans.(10) Depression and suicide.(11) Education.(12) Employment.(13) Financial literacy.(14) Foster care.(15) Gun violence.(16) Health care.(17) Homelessness.(18) Housing and transportation.(19) Immigration and undocumented youth.(20) Juvenile justice.(21) Labor and jobs.(22) LGBTQ civil rights.(23) Mental health.(24) Poverty.(25) Racial, economic, and gender equity.(26) Reproductive justice.(27) Safety.(28) Social media and networking.(29) Substance abuse and vaping.(30) Youth development.(31) Any other policy or fiscal issues deemed appropriate by the commission.(c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth.(d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video.(e) On or before May 30, 2025, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795.SEC. 7. Section 8274 of the Government Code is amended to read:8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following:(a) Assist the commission in carrying out its work.(b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated.(c) Be responsible for the management and administration of the commission staff.(d) Perform other duties as directed by the commission.SEC. 8. Section 8275 of the Government Code is amended to read:8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter.(b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission.(c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commissions dependence on state funding.(d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission.(e) This chapter shall be implemented upon appropriation by the Legislature.SEC. 9. Section 8276 of the Government Code is amended to read:8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 10. Chapter 4.6 (commencing with Section 8303) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 4.6. Racial Equity Commission8303. As used in this chapter:(a) Commission means the Racial Equity Commission established pursuant to Section 8303.1.(b) Racial equity means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups.(c) Structural racism means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups.8303.1. (a) There is established in state government a Racial Equity Commission, within the Office of Planning and Research.(b) The commission shall consist of 11 members who are residents of California. Of the members of the commission, seven members shall be appointed by the Governor, two shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Speaker of the Assembly.(c) Members of the commission shall be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment.(d) (1) A person appointed to the commission shall have demonstrated expertise and meet criteria in at least one of the following areas:(A) Analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities.(B) Developing or using data or budget equity assessment tools.(C) Providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes.(D) Be a member of, or represent an equity-focused organization who works with, an impacted community whose lived experience will inform the work of the office, including, but not limited to, members of the disability, immigrant, womens, and LGBTQ communities.(2) Appointing authorities shall consider the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of the state so that the commission reflects the communities of California.(3) Commission members shall serve without compensation, but they may be reimbursed for actual, preapproved expenses incurred in connection with their duties.(e) The commission shall be staffed by the Office of Planning and Research.(f) The commission shall have all of the following powers and authority:(1) To hold hearings, make and sign agreements, and to perform acts necessary to carry out the purposes of this chapter.(2) (A) To engage with advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for projects of the commission.(B) Section 11009 applies to advisers or advisory committees described in this paragraph.(3) To accept any federal funds granted by act of Congress or by executive order for the purposes of this chapter.(4) To accept any gifts, donations, grants, or bequests for the purposes of this chapter.8303.3. (a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following:(1) (A) In consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The final Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April 1, 2025, and posted to the commissions internet website.(B) The Racial Equity Framework shall set forth all of the following:(i) Methodologies and tools that can be employed to advance racial equity and address structural racism in California.(ii) Budget methodologies, including equity assessment tools, that entities can use to analyze how budget allocations benefit or burden communities of color.(iii) Processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including disaggregation by race, ethnicity, sexual orientation and gender identity, disability, income, veteran status, or other key demographic variables and the use of proxies.(iv) Input and feedback from stakeholder engagements.(2) Upon request by an agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework.(3) Engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commissions work, as described.(4) Engage, collaborate, and consult with policy experts in order to conduct analyses and develop tools, including building on and collaborating with existing bodies, as appropriate.(5) Promote the ongoing, equitable delivery of benefits and opportunities by doing both of the following:(A) Upon request, providing technical assistance to local government entities engaging in racial equity programming.(B) Encouraging the formation and implementation of racial equity initiatives in local government entities, including cities and counties.(b) (1) The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity. The report shall be submitted, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature and shall be posted publicly on the internet website of the commission.(2) A report submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795.8303.5. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) This chapter shall become inoperative on January 1, 2030, and as of that date is repealed.SEC. 11. Section 8654.2 of the Government Code, as added by Section 1 of Chapter 3 of the Statutes of 2022, is amended and renumbered to read:8654.1.5. (a) There is hereby created the California Emergency Relief Fund as a special fund in the State Treasury. This fund is established to provide emergency resources or relief relating to state of emergency declarations by the Governor.(b) The Department of Finance may transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(c) The sum of one hundred fifty million dollars ($150,000,000) is hereby transferred from the General Fund to the California Emergency Relief Fund for purposes relating to the COVID-19 emergency proclaimed by the Governor on March 4, 2020.(d) For the purposes of providing emergency relief to small business impacted by the COVID-19 pandemic, one hundred fifty million dollars ($150,000,000) from the California Emergency Relief Fund is appropriated to the Office of Small Business Advocate within the Governors Office of Business and Economic Development for a closed round to fund small business grant applications waitlisted from previous rounds of the California Small Business COVID-19 Relief Grant Program (Article 8 (commencing with Section 12100.80) of Chapter 1.6 of Part 2 of Division 3).SEC. 12. Chapter 9.4 (commencing with Section 8759) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 9.4. California Creative Economy Workgroup8759. For purposes of this chapter, the following definitions apply:(a) Council means the Arts Council, as described in Section 8751.(b) Director means the director of the Arts Council, as described in Section 8754.(c) Workgroup means the California Creative Economy Workgroup.8759.1. (a) (1) The council shall establish the California Creative Economy Workgroup, upon appropriation by the Legislature, to develop a strategic plan for the California creative economy, with members as provided in this section.(2) Funds appropriated by the Legislature pursuant to this chapter shall be available for expenditure until July 1, 2025.(b) The director, or their designee, shall serve as chair of the workgroup.(c) The director, or their designee, shall invite the following entities to formally participate in the workgroup:(1) A county representative identified by the California State Association of Counties with experience in county arts and cultural affairs.(2) A city representative identified by the League of California Cities with experience in city arts and cultural affairs.(3) Five representatives from the California arts community, including, but not limited to, the following sectors:(A) Film, television, and video production.(B) Recorded audio and music production.(C) Animation production.(D) Video game development.(E) Live theater, orchestra, ballet, and opera.(F) Live music performance.(G) Visual arts, including sculpture, painting, graphic design, and photography.(H) Production facilities, including film and television studios.(I) Live music or performing arts venues.(4) A representative from a California public institution of higher education or nonprofit research institution with experience in matters involving small businesses or cultural arts, or both.(5) The Director of the Governors Office of Business and Economic Development, or their designee.(6) The Secretary of Labor and Workforce Development, or their designee.(7) Two ex officio, nonvoting members, who shall be Members of the Assembly and be appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the Speaker of the Assembly and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(8) Two ex officio, nonvoting members, who shall be Senators and be appointed by the Senate Rules Committee. These members shall serve at the pleasure of the Senate Rules Committee and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(9) A representative of a federally recognized Indian tribe.(10) Any other state agency representatives or stakeholder group representatives, at the discretion of the director or their designee.8759.2. The workgroup shall do all of the following:(a) Collect and analyze data on the state of the California creative economy.(b) (1) Develop a strategic plan to improve the competitiveness of the California creative economy with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan shall be structured to roll out in incremental phases to support the creative economy at large, including specific strategies to reach historically marginalized communities, and incorporate the diverse interests, strengths, and needs of Californians.(2) In developing the strategic plan for the California creative economy, the workgroup shall do all of the following:(A) Identify existing studies of aspects affecting the creative economy, including, but not limited to, studies relating to tax issues, legislation, finance, population and demographics, and employment.(B) Conduct a comparative analysis with other jurisdictions, including other states, that have successfully developed creative economy plans and programs.(C) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Californias creative economy.(D) Evaluate existing state and county tax incentives, grant programs, and government initiatives to make recommendations for improvements to support the creative economy.(E) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy.(F) Identify geographic areas with the least amount of access or opportunity for a creative economy.(G) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.(H) Identify opportunities for earn and learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated interest in creative work in their communities.(I) Identify existing initiatives and projects that can be used as models for earn and learn opportunities or as examples of best practices that can be replicated statewide or in different regions.(c) (1) Notwithstanding Section 10231.5, publish a report detailing the findings and recommendations of the workgroup on the councils internet website, and submit the report to the appropriate committees of the Legislature by June 30, 2025.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.8759.3. (a) (1) The council may use funding, upon appropriation by the Legislature, to support the activities of the workgroup, including entering into a contract with a nonprofit organization and covering administrative expenses of the workgroup.(2) The director, or their designee, may, after issuing a request for proposals, designate a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report pursuant to Section 8759.2.(b) A nonprofit organization contracted by the council shall have experience conducting business in professional arts, or experience in business development and drafting business plans and multidisciplinary planning documents.8759.4. This chapter shall remain in effect only until July 1, 2025, and as of that date is repealed.SEC. 13. Section 11011 of the Government Code is amended to read:11011. (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, but not be limited to, the following:(1) Land not currently being utilized, or currently being underutilized, by the state agency for any existing or ongoing state program.(2) Land for which the state agency has not identified any specific utilization relative to future programmatic needs.(3) Land not identified by the state agency within its master plans for facility development.(b) Jurisdiction of all land reported as excess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by law.(c) The Department of General Services shall report to the Legislature annually, the land declared excess and request authorization to dispose of the land by sale or otherwise.(d) The Department of General Services shall review and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code before recommending or taking any action on surplus land, and shall also circulate the reports to all state agencies that are required to report excess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may give priority to proposals by the state that involve the exchange of surplus lands for lands listed in those reports.(e) Except as otherwise provided by any other law, whenever any land is reported as excess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by any other state agency. If the Department of General Services determines that any land is needed by any other state agency it may transfer the jurisdiction of this land to the other state agency upon the terms and conditions as it may deem to be for the best interests of the state.(f) When authority is granted for the sale or other disposition of lands declared excess, and the Department of General Services has determined that the use of the land is not needed by any other state agency, the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon any terms and conditions and subject to any reservations and exceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Legislature annually, with respect to each parcel of land authorized to be sold under this section, giving the following information:(1) A description or other identification of the property.(2) The date of authorization.(3) With regard to each parcel sold after the next preceding report, the date of sale and price received, or the value of the land received in exchange.(4) The present status of the property, if not sold or otherwise disposed of at the time of the report.(g) (1) (A) Except as otherwise specified by law, the net proceeds received from any real property disposition, including the sale, lease, exchange, or other means, that is received pursuant to this section shall be paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, as approved by the voters at the March 2, 2004, statewide primary election, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. Thereafter, the net proceeds received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties.(B) Notwithstanding subparagraph (A), the department may deposit some or all of the net proceeds into the Property Acquisition Law Money Account for the purposes of maintaining an operating reserve sufficient to continue redeveloping excess state properties as affordable housing.(2) For purposes of this section, net proceeds shall be defined as proceeds less any outstanding loans from the General Fund, or outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred before June 30, 2005, related to the management of the states real property assets, including, but not limited to, surplus property identification, legal research, feasibility statistics, activities associated with land use, and due diligence.(3) For the purposes of this section, an operating reserve sufficient to continue redeveloping excess state properties as affordable housing means an amount not to exceed three years of operating costs to redevelop excess state properties as affordable housing.(h) The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account, which is hereby created in the State Treasury, for the purposes of supporting the management of the states real property assets.(i) Any rentals or other revenues received by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation by the Legislature.(j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of any state lands pursuant to any law now or hereafter enacted authorizing the sale, letting, or disposition.(k) (1) The disposition of a parcel of surplus state real property, pursuant to Section 11011.1, made on an as is basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) If the disposition of a parcel of surplus state real property, pursuant to Section 11011.1, is not made on an as is basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with Section 21000) of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.(3) For purposes of this subdivision, disposition means the sale, exchange, sale combined with an exchange, or transfer of a parcel of surplus state property.SEC. 14. Section 11011.2 of the Government Code is amended to read:11011.2. (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.(2) The Director of General Services may not lease any of the following real property pursuant to this section:(A) Tax-deeded land or lands under the jurisdiction of the State Lands Commission.(B) Land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons.(C) Lands under the jurisdiction of the State Coastal Conservancy or another state conservancy.(D) Lands under the jurisdiction of the Department of Transportation or the California State University system, or land owned by the Regents of the University of California.(E) Lands under the jurisdiction of the Department of Parks and Recreation.(F) Lands under the jurisdiction of the Department of Fish and Game.(3) A lease entered into pursuant to this section shall be set at the amount of the leases fair market value, as determined by the Director of General Services. The Director of General Services may determine the length of term or a use of the lease, and specify any other terms and conditions which are determined to be in the best interest of the state.(b) The Department of General Services may enter into a long-term lease of real property pursuant to this section that has outstanding lease revenue bonds and for which the real property cannot be disencumbered from the bonds, only if the issuer and trustee for the bonds approves the lease transaction, and this approval takes into consideration, among other things, that the proposed lease transaction does not breach a covenant or obligation of the issuer or trustee.(c) (1) All issuer- and trustee-related costs for reviewing a proposed lease transaction pursuant to this section, and all other costs of the lease transaction related to the defeasance or other retirement of any bonds, including the cost of nationally recognized bond counsel, shall be paid from the proceeds of that lease.(2) The Department of General Services shall be reimbursed for any reasonable costs or expenses incurred in conducting a transaction pursuant to this section.(3) Notwithstanding subdivision (g) of Section 11011, unless necessary to maintain the operating reserve referenced in that subdivision, the Department of General Services shall deposit into the General Fund the net proceeds of a lease entered into pursuant to this section, after deducting the amount of the reimbursement of costs incurred pursuant to this section or the reimbursement of adjustments to the General Fund loan made pursuant to Section 8 of Chapter 20 of the 200910 Fourth Extraordinary Session from the lease.(d) The Department of General Services shall transmit a report to each house of the Legislature on or before June 30, 2011, and on or before June 30 each year thereafter, listing every new lease that exceeds a period of five years entered into under the authority of this section and the following information regarding each listed lease:(1) Lease payments.(2) Length of the lease.(3) Identification of the leasing parties.(4) Identification of the leased property.(5) Any other information the Director of General Services determines should be included in the report to adequately describe the material provisions of the lease.SEC. 15. Section 11549.3 of the Government Code is amended to read:11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan.(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.(6) Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation.(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:(A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:(i) Personally identifiable information protected by law.(ii) Health information protected by law.(iii) Confidential financial data.(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:(I) Information asset management.(II) Risk management.(III) Information security program management.(IV) Information security incident management.(V) Technology recovery planning.(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.(f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following:(A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards:(i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications.(ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications.(iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications.(B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable.(2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time.(3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed.(4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones.(B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment.(C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive.(D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance.(E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analysts Office to further their oversight and budgetary responsibilities.(5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c).(6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University.(g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.(2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210.(h) The office may conduct or require to be conducted an audit of information security to ensure program compliance.(i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.(j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency.(2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency.(3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center.(4) For purposes of this subdivision, local educational agency means a school district, county office of education, charter school, or state special school.SEC. 16. Section 11549.57 of the Government Code is amended to read:11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies.(b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network.(c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use.(d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.(e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter.(f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network.SEC. 17. Section 11549.58 of the Government Code is amended to read:11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network.(b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor.(2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature.(c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network.(2) The broadband advisory committee shall comprise all of the following members:(A) A representative of the commission.(B) A representative of the department.(C) A representative of the Department of Transportation.(D) A representative of the Department of Finance.(E) A representative of the Government Operations Agency.(F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly.(G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules.(H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly.(I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee.(3) The representative of the department shall chair the broadband advisory committee.(d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter.(e) The third-party administrator shall seek policy advice from the broadband advisory committee.(f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following:(A) The total length of the statewide open-access middle-mile broadband network.(B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter.(C) The number of internet service providers using the statewide open-access middle-mile broadband network.(D) The number of households projected to connect to the statewide open-access middle-mile broadband network.(E) The total expenditures for each project, by quarter.(F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.(g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts.SEC. 18. Section 11549.59 is added to the Government Code, to read:11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter.(b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund.(c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund.(d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose.(2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter.(e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes.(2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes.(f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter.(g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations.SEC. 19. Section 11788.1 of the Government Code is amended to read:11788.1. (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this chapter.(2) In order to accelerate economic mobility and inclusion for individuals that experience employment barriers, the purpose of the program shall be to provide financial assistance and technical assistance to employment social enterprises.(b) (1) The office shall administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents.(2) The office shall designate at least one fiscal agent to administer the program in accordance with Sections 11788.2 and 11788.3.(3) In implementing the program, the office or fiscal agents shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of employment social enterprises in the state.SEC. 20. Section 11860 of the Government Code is amended to read:11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop enhancements to the system, utilize the system, and assist the department to maintain the system. This effort shall ensure best business practices by embracing opportunities to reengineer the states business processes and shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the department, a department or agency may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record by July 1, 2026, to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before December 31, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before December 31, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings.SEC. 21. Section 12098.10 of the Government Code is amended to read:12098.10. (a) The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.(2) For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.(2) The company filing the registration shall submit a certification at least once every three years that the product is made in accordance with this section.(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).(f) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive February 15, regarding all of the following:(A) Program expenditures.(B) Program progress.(C) The number of companies registered for the Made in California label.(D) The number of products registered for the Made in California label.(E) The program fees collected.(F) Ongoing priorities with the program.(G) Any other information about the program that the office deems appropriate.(2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.(h) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.(i) The Legislature finds and declares all of the following:(1) If successful, the Made in California Program should be nearly or completely financially self-sustaining in the long term.(2) It may take several years for the Made in California Program to demonstrate its value to businesses that make products in California.(3) If the number of companies and products registered for the Made in California Program does not significantly increase by 2028, the state should strongly consider ending the program.SEC. 22. Section 12100.83.5 is added to the Government Code, to read:12100.83.5. (a) The California Venues Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible independent live events that have been affected by COVID-19 in order to support their continued operation.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this section.(e) (1) Subject to appropriation by the Legislature, the office shall allocate grants to eligible independent live events that meet the requirements of this section.(2) Subject to appropriation by the Legislature, one hundred fifty million dollars ($150,000,000) shall be allocated in one or more rounds to eligible independent live events.(f) For purposes of this section, the following definitions apply:(1) Eligible venue means a venue with all of the following characteristics:(A) A defined performance and audience space.(B) Mixing equipment, a public address system, and a lighting rig.(C) Engages one or more individuals to carry out not less than two of the following roles:(i) A sound engineer.(ii) A booker.(iii) A promoter.(iv) A stage manager.(v) Security personnel.(vi) A box office manager.(D) Is one of the three highest revenue grossing entities, locations, or franchises associated with the applicant.(E) For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers.(2) Eligible independent live event means an entity that satisfies all of the following:(A) Is a sole proprietor, C-corporation, S-corporation, cooperative, limited liability company, partnership, limited partnership, or a registered 501(c)(3) nonprofit entity that satisfies the criteria defined in subparagraphs (B) through (F), inclusive, of paragraph (1) of subdivision (g) of Section 12100.82.(B) Is in any of the following North American Industry Classification System (NAICS) codes, clauses (i) to (xiv), inclusive, or National Taxonomy of Exempt Entities (NTEE) codes, clauses (xv) to (xxxi), inclusive:(i) 512131 - Motion Picture Theaters (except Drive-Ins).(ii) (I) 512132 - Drive-In Motion Picture Theaters.(II) An entity that qualifies under this clause shall be an authentic drive-in motion picture theater. For purposes of this clause, authentic drive-in motion picture theater means a permanently constructed commercial motion picture drive-in theater of which the main purpose of the property is the outdoor exhibition of motion pictures for patrons in vehicles using professional Digital Cinema Initiatives (DCI) compliant digital projectors or 35mm or 70mm film.(iii) 7111 Performing Arts Companies.(iv) 711110 - Theater Companies and Dinner Theaters.(v) 711120 Dance Companies.(vi) 711130 Musical Groups and Artists.(vii) 711211 Sports Teams and Clubs.(viii) 7113 - Promoters of Performing Arts, Sports, and Similar Events.(ix) 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities.(x) 711320 - Promoters of Performing Arts, Sports, and Similar Events without Facilities.(xi) 7139 Other Amusement and Recreation Industries.(xii) 713990 All Other Amusement and Recreation.(xiii) 722410 Drinking Places (Alcoholic Beverages).(xiv) 722511 Full-Service Restaurants.(xv) A20 Arts, Cultural Organizations - Multipurpose.(xvi) A23 Cultural, Ethnic Awareness.(xvii) A25 Arts Education.(xviii) A50 Museums.(xix) A54 History Museums.(xx) A56 Natural History, Natural Science Museums.(xxi) A60 Performing Arts Organizations.(xxii) A61 Performing Arts Centers.(xxiii) A62 Dance.(xxiv) A63 Ballet.(xxv) A65 Theater.(xxvi) A68 Music.(xxvii) A69 Symphony Orchestras.(xxviii) A6A Opera.(xxix) A6B Singing, Choral.(xxx) A6C Music Groups, Bands, Ensembles.(xxxi) A90 Arts Service Organizations and Activities.(C) Is any of the following:(i) An individual or entity that meets both of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(ii) An individual or entity that, as a principal business activity, makes tickets to events available for purchase by the public an average of not less than 30 days before the date of the event, which shall meet both of the following:(I) The requirements of subclause (I) of clause (i).(II) Performers are paid in an amount that is based on a percentage of sales, a guarantee in writing or standard contract, or another mutually beneficial formal agreement.(iii) An individual or entity that meets all of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live sporting events at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(III) The individual or entity is not a major league or professional sports team or club, and is not owned by a major league or professional sports team or club.(3) Notwithstanding paragraph (2), eligible independent live event shall not include entities that satisfy any of the following:(A) Is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation.(B) Owns or operates entities in more than five states or in another country, or is owned by an entity that owns or operates entities in more than five states or in another country.(C) Generates less than 75 percent of its gross earned revenue in California.(D) Demonstrates a percentage gross earned revenue decline in California of less than 30 percent, based on a reporting period comparing Q2, Q3, and Q4 of 2020, compared to Q2, Q3, and Q4 of 2019.(E) Is an excluded entity as defined in paragraph (2) of subdivision (g) of Section 12100.82.(g) (1) Grants to eligible independent live events shall be prioritized on documented percentage gross earned revenue declines based on a reporting period comparing California gross earned revenues in Q2, Q3, and Q4 of 2020 and California gross earned revenues in Q2, Q3, and Q4 of 2019.(2) Grants awarded under this subdivision shall be in an amount equal to the lesser of two hundred fifty thousand dollars ($250,000) or 20 percent of the applicants gross earned revenue in California for the 2019 taxable year.(3) Eligible independent live event applicants shall complete a new and separate application for the grants allocated under this section even if they previously submitted an application for the California Small Business COVID-19 Relief Grant Program established in Section 12100.83.(4) If an eligible independent live event has been awarded a grant under the California Small Business COVID-19 Relief Grant Program established in Section 12100.83, the amount of that grant shall be subtracted from the grant amount awarded under this section. If the grant amount awarded under Section 12100.83 is greater than the amount awarded under this section, the eligible independent live event shall not receive a grant under this subdivision and no amount shall be subtracted.(5) The office shall not allocate more than twenty-five million dollars ($25,000,000) in grants to eligible independent live events that qualify under clause (iii) of subparagraph (C) of paragraph (2) of subdivision (f) unless all other eligible independent live events have received funding under this section or Section 12100.83.(h) Grant moneys awarded under this section shall only be used for costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, 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 March 1, 2020.(3) Costs associated with reopening business operations after being fully or partially closed due to state-mandated COVID-19 health and safety restrictions and business closures.(4) Costs associated with complying with COVID-19 federal, state, or local guidelines for reopening with required safety protocols, including, but not limited to, equipment, plexiglass barriers, outdoor dining, personal protective equipment (PPE) supplies, testing, and employee training expenses.(5) Any other COVID-19-related expenses not already covered through grants, forgivable loans, or other relief through federal, state, county, or city programs.(6) Any other COVID-19-related costs that are not human resource expenses for the state share of Medicaid, employee bonuses, severance pay, taxes, legal settlements, personal expenses, or other expenses unrelated to COVID-19 impacts, repairs from damages already covered by insurance, or reimbursement to donors for donated items or services.(i) An applicant may self-identify race, gender, and ethnicity. Within 30 business days of the close of each application period, the office shall post the aggregate data, as available, and data by county and legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the Office of Small Business Advocate (CalOSBA) internet website and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(j) The fiscal agent shall issue Forms 1099 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).(k) This section shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 23. Section 12100.83.6 of the Government Code is amended to read:12100.83.6. (a) The California Nonprofit Performing Arts Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible nonprofit performing arts organizations to encourage workforce development.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for the purposes of this section.(e) Subject to appropriation by the Legislature, the office shall allocate grants to eligible nonprofit performing arts organizations that meet the requirements of this section.(f) (1) Subject to appropriation by the Legislature, forty-nine million five hundred thousand dollars ($49,500,000) of program funds shall be allocated in one or more rounds to eligible nonprofit performing arts organizations.(2) For purposes of this subdivision, an eligible nonprofit performing arts organization means a registered 501(c)(3) nonprofit entity that satisfies the criteria for a qualified small business pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(3) Grants under this subdivision shall be awarded on a first-come, first-served basis in the following amounts:(A) Twenty-five thousand dollars ($25,000) for applicants with annual gross revenue greater than one thousand dollars ($1,000) to one hundred thousand dollars ($100,000) in the 2019 taxable year.(B) Fifty thousand dollars ($50,000) for applicants with annual gross revenue greater than one hundred thousand dollars ($100,000), and up to one million dollars ($1,000,000) in the 2019 taxable year.(C) Seventy-five thousand dollars ($75,000) for applicants with annual gross revenue greater than one million dollars ($1,000,000), and up to two million dollars ($2,000,000) in the 2019 taxable year.(4) A registered 501(c)(3) nonprofit entity, without regard to its annual gross revenue, may be eligible for funds if it serves as a fiscal sponsor for entities that are qualified small businesses pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(g) Grant moneys awarded under this section shall only be used for the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Contributions or payments to a centralized payroll service.(3) Recruitment, training, development, and other human resources related expenses.(4) Other operating expenses or equipment for employees.(h) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, the office shall post the aggregate data, as available. Within 15 business days of the close of each application period, the office shall post data by legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the internet website of the Office of Small Business Advocate (CalOSBA) and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) 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 or serve a disadvantaged community as described in 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.(I) Geography.(i) The fiscal agent shall issue Form 1099 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).(j) This section shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 24. Section 12100.85 of the Government Code is amended to read:12100.85. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 25. Section 12100.91 of the Government Code is amended to read:12100.91. Subject to appropriation by the Legislature, the following shall apply:(a) The office may use up to 0.5 percent of funds for administrative expenses. A grantmaking entity may use up to 20 percent of its allocation for administrative expenses (including fiscal agent fee), marketing, and outreach to qualified microbusiness owners in underserved business groups, including businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities.(b) Any unused money by the grantmaking entity, less that 20 percent administrative expenses, outreach and marketing funds, shall be transferred back to the office by June 29, 2024.SEC. 26. Section 12100.95 of the Government Code is amended to read:12100.95. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 27. Section 12100.975 of the Government Code is amended to read:12100.975. (a) The California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program is hereby created within GO-Biz to be implemented by CalOSBA.(b) The program shall be under the direct authority of the advocate.(c) The purpose of the program is to assist qualified small businesses and nonprofits, incurring costs for COVID-19 supplemental paid sick leave pursuant to Sections 248.6 and 248.7 of the Labor Code.(d) CalOSBA or its fiscal agent shall consult with local, regional, state, and federal public and private entities, as applicable, that share a similar mission to support the needs of small businesses and nonprofits in California.(e) CalOSBA may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this article.(f) CalOSBA shall allocate grants to qualified small businesses and nonprofits that meet the requirements of this article.(g) Grant moneys awarded under this section shall only be for reimbursement of COVID-19 Supplemental Paid Sick Leave provided between January 1, 2022, and December 31, 2022. Applicants shall provide proof of employee payroll records that verify all COVID-19 Supplemental Paid Sick Leave provided by the applicant pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code that match the amount of the grant request.(h) Grants to qualified small businesses or nonprofits shall be no more than the actual costs incurred for supplemental paid sick leave provided between January 1, 2022, and December 31, 2022, with a maximum grant amount per applicant of fifty thousand dollars ($50,000).(i) The total amount an applicant can request under the program is an amount not to exceed the sum of fifty thousand dollars ($50,000).(j) If General Fund savings are achieved due to increases in federal funds including, but not limited to, federal funds becoming available to support the California Small Agricultural Business Drought and Flood Relief Grant Program, the Department of Finance shall increase the appropriation to the California Emergency Relief Fund for purposes of this article by up to seventy million dollars ($70,000,000). The Department of Finance may transfer this sum from the General Fund to the California Emergency Relief Fund for this purpose.(k) Any unused money remaining in the California Emergency Relief Fund, transferred for the purpose of this article, shall be transferred to the General Fund by June 1, 2024.(l) (1) CalOSBA 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 throughout the state, including in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, applicant access through multiple branded partner portals, and advertising and social media outreach through owned, paid, and earned media channels.(2) The 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.(m) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, CalOSBA shall post the aggregate data, as available. Within 15 business days of the close of each application period, CalOSBA shall post data by legislative district, as available. Within 45 business days, CalOSBA shall post the actual awarded information, as available. All information shall be posted on the GO-Biz internet website and GO-Biz shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) CalOSBA 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 rural area.(E) County.(F) State Senate district.(G) State Assembly district.(H) Nonprofits, including by geography.(n) The fiscal agent shall issue Forms 1099 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)) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code).SEC. 28. Section 12100.985 of the Government Code is amended to read:12100.985. This article shall remain in effect only until June 30, 2024, and as of that date is repealed.SEC. 29. The heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code is amended to read: Article 9.5. California Small Agricultural Business Drought and Flood Relief Grant ProgramSEC. 30. Section 12100.100 of the Government Code is amended to read: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 and flooding.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought and Flood Relief Grant Program.SEC. 31. Section 12100.101 of the Government Code is amended to read: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 and Flood 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 in 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, domiciled in California, with 100 or fewer full-time employees in the 2022 and 2023 taxable years.(B) Began operating in the state prior to January 1, 2020.(C) Is currently active and operating.(D) Has been affected by severe drought according to the United States Department of Agriculture drought monitor or is within or serves a county that has a state or federal disaster declaration for flooding.(E) 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.SEC. 32. Section 12100.103 of the Government Code is amended to read:12100.103. (a) The California Small Agricultural Business Drought and Flood 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 and flooding.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for purposes of this article.(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 allocated in the Budget Act of 2022 related to drought impacts 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 up to 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).(vi) Codes beginning with 1121 Cattle Ranching and Farming.(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.(4) Grant moneys awarded under this subdivision shall only be used for costs to maintain the recipient business through the drought, including the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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.(C) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(h) Program grant funds allocated in the Budget Act of 2023 related to storm flooding impacts shall be administered as follows:(1) Grant funds shall be allocated to qualified small agricultural businesses impacted by flooding including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(A) Codes beginning with 115 Support Activities for Agriculture and Forestry.(B) Codes beginning with 1121 Cattle Ranching and Farming.(C) 424910 Farm Supplies Merchant Wholesalers.(D) 444240 Nursery, Garden Center, and Farm Supply Retailers.(E) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(2) Three tiers of grant amounts shall be relative to revenue levels for qualified small agricultural businesses, to be determined by CalOSBA.(3) Grant moneys awarded under this subdivision may be used for costs to maintain the recipient business through flooding, including, but not limited to, the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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 flooding.(C) Any other flooding-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) Applicants may apply for relief grants under subdivisions (g) and (h).(j) (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 becomes available. All information shall be posted on the 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, 2026, 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.(k) 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).SEC. 33. Section 12100.105 of the Government Code is amended to read:12100.105. This article shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 34. Section 12100.151 of the Government Code is amended to read:12100.151. (a) (1) The zero-emission vehicle division within the Governors Office of Business and Economic Development is hereby continued in existence within the Governors Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor.(2) The office shall steer the development of a shared, cross-agency definition of equity, and set an equity agenda for the deployment of light-, medium-, and heavy-duty zero-emission vehicles, the supporting infrastructure, and workforce development.(3) Until January 1, 2028, the Zero-Emission Vehicle Equity Advocate is hereby established within the office. The advocate shall be appointed by, and shall serve at the pleasure of, the Governor.(4) The office shall serve as a point of contact for stakeholders to provide concerns and suggestions related to the states progress in equitably achieving the states zero-emission vehicle deployment goals.(5) The office shall provide information and coordinate policy and procedural changes with relevant state entities, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Transportation Agency, and the California Transportation Commission, as needed, to ensure consistency among equity definitions, criteria, and targets used in the states zero-emission vehicle and infrastructure programs and to ensure best practices related to equity are incorporated into state planning for zero-emission vehicle deployment, funding, and program design.(6) In order to facilitate alignment of equity goals, the office may convene meetings or task forces that include state agencies, local government, utilities, labor, community-based organizations, air pollution control districts, air quality management districts, or private sector actors key to advancing zero-emission transportation goals.(b) (1) The office shall develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in zero-emission vehicle deployment.(2) The equity action plan shall include both of the following:(A) Recommendations on actionable steps and metrics to measure and improve access to zero-emission vehicles, public and private charging infrastructure, and zero-emission vehicle transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership.(B) Recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, including emissions from medium- and heavy-duty vehicles, and by supporting an equitable zero-emission vehicle industry and workforce.(3) The office shall assess progress towards the equity action plan as part of the update to the ZEV Market Development Strategy and notify the relevant policy committees of the Legislature of the information provided in that update. This assessment shall include, but is not limited to, metrics tracking both of the following:(A) State funding spent toward the deployment of zero-emission vehicle ownership and supporting infrastructure in disadvantaged and low-income communities, and the number and type of vehicles, including light-, medium-, and heavy-duty zero-emission vehicles, state and federal subsidies for zero-emission vehicles, different ownership structures for zero-emission vehicles, or charging infrastructure deployed with this funding.(B) State funding for multiyear projects that advance deployment of zero-emission vehicles in communities identified as disadvantaged communities prioritized by severity of air pollution from mobile sources, lack of charging infrastructure and electric vehicles, and transportation or transit deserts.(4) In developing the equity action plan, the office shall coordinate and partner with community organizations, local entities, state agencies, and other private and public stakeholders to steer an equitable zero-emission vehicle deployment.SEC. 35. Section 12526 of the Government Code is amended to read:12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice.SEC. 36. Section 14634 of the Government Code is amended to read:14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation.(d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.(e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the departments general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations.SEC. 37. Section 14669.23 is added to the Government Code, to read:14669.23. (a) Notwithstanding any other law applicable to actions taken by the Department of General Services for the delivery and installation of emergency sleeping cabins and related infrastructure, the Department of General Services may assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, provided all of the following conditions are met:(1) The projects occur within the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(2) A political subdivision has declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1.(3) The authority granted in this section applies only to the delivery of up to 1,200 emergency sleeping cabins.(4) The Department of General Services has executed a written transfer agreement with the political subdivision that includes both of the following terms:(A) The emergency sleeping cabins and the related improvements shall become the property of the political subdivision and the responsibility of the political subdivision to operate upon receiving a certificate of occupancy.(B) The political subdivision agrees that the emergency camping cabins shall be compliant with Housing First principles, low-barrier, service-enriched, and focused on moving people into permanent housing, and shall provide temporary living facilities while individuals experiencing homelessness are connected to income, public benefits, health services, shelter, and appropriate housing. Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:(i) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.(ii) Pets.(iii) The storage of possessions.(iv) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.(5) For the purposes of this section, emergency sleeping cabin shall have the same meaning as defined in the California Building Standards Code except that they may include plumbing and occupants shall not be charged rent.(6) For the purposes of this section, related improvements shall mean infrastructure work necessary to support the successful operations of the emergency sleeping cabins. Related improvements shall include, but are not limited to, utility connections and distribution, site modifications such as grading, vehicle access and parking, site security features, erection of administrative and treatment areas, and storage.(b) In providing assistance to a political subdivision pursuant to subdivision (a), the following provisions shall apply to any work undertaken by the Department of General Services:(1) The Department of General Services may utilize any delivery method that it, in its discretion, deems appropriate and advantageous.(2) The Department of General Services may carry out a project on real property that is not owned by the State of California, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins.(3) All work performed pursuant to this section by the Department of General Services shall be exempt from all of the following:(A) Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code.(B) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.(C) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3.(D) Upon the advance approval from the Department of Housing and Community Development for anything within their scope of authority, and only for the provision of emergency sleeping cabin projects pursuant to this section, any provision of the California Building Standards Code (Title 24 of the California Code of Regulations) may be waived consistent with ensuring minimum public health and safety standards and Appendix P of the California Building Standards Code.(E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) only if the development is not located on a site that is any of the following:(i) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(ii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(iii) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.(iv) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:(v) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.(vi) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.(vii) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1.(viii) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. A development may be located on a site described in this subparagraph if either of the following are met:(I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.(II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(III) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(ix) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(x) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(xi) Lands under conservation easement.(c) Nothing in this section shall be construed to waive any applicable housing law governing the operation of emergency sleeping cabins by political subdivisions.(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 38. Section 14670 of the Government Code is amended to read:14670. (a) With the consent of the state agency concerned, the director may do any of the following:(1) Let for a period not to exceed five years, any real or personal property that belongs to the state, the letting of which is not expressly prohibited by law, if the director deems the letting to be in the best interest of the state.(2) Sublet any real or personal property leased by the state, the subletting of which is not expressly prohibited by law, if the director deems the subletting to be in the best interest of the state.(3) Let for a period not to exceed five years, and at less than fair market rental, any real property of the state to any public agency for use as nonprofit, self-help community vegetable gardens and related supporting activities, provided:(A) Parcels let for those purposes shall not exceed five acres.(B) Two or more contiguous parcels shall not be let for those purposes.(C) Parcels shall be let subject to applicable local zoning ordinances.(b) The Legislature finds and declares that any leases let at less than fair market rental pursuant to paragraph (3) of subdivision (a) shall be of broad public benefit.(c) Any money received in connection with paragraph (1) of subdivision (a) shall be deposited in the Property Acquisition Law Money Account and, except those funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, shall be available to the department upon appropriation by the Legislature.(d) All money received pursuant to paragraph (2) of subdivision (a) shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the State Treasury and credited to the appropriation from which the cost of the lease was paid.(e) Notwithstanding subdivisions (a) to (d), inclusive, to promote employee wellness initiatives at facilities operated by the Department of Corrections and Rehabilitation, the director may determine that allowing a lease to be made at less than fair market value is in the states best interest. The director shall base this determination upon the Department of Corrections and Rehabilitations written request that justifies the letting of a lease at below fair market value. Notwithstanding subdivision (a), the leases may be entered into for a period not to exceed 10 years. The criteria and the process for exempting a lease from fair market value pursuant to this subdivision shall be published in the State Administrative Manual.(f) The Department of General Services shall report annually to the Joint Legislative Budget Committee on all new leases let at less than fair market rental value pursuant to subdivision (e). The report shall include the lease terms; the reasons, where applicable, for which the Department of Corrections and Rehabilitation requested a rental rate at less than fair market value; the justification for letting at a lesser rate; and the approach used to determine the final rental rate.SEC. 39. Section 15679 of the Government Code is amended to read:15679. (a) (1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.(2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the offices duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.(3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following:(A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges.(B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).(C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.(b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1.SEC. 40. Section 16427 of the Government Code is amended to read:16427. (a) For purposes of this article, department means the Department of Justice.(b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund.(c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application.(d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior.(e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.(f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund.(g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information:(1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported.(2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund.(3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change.(4) The receipt of any interest income and the amount attributable to each case.SEC. 41. Section 16428 of the Government Code is amended to read:16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations.All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations.Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created.SEC. 42. Section 412.5 of the Military and Veterans Code is amended to read:412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following:(1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation.(2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1).(3) Adopt rules and regulations for all of the following:(A) The California Military Department Foundation.(B) The solicitation and acceptance of funds authorized pursuant to subdivision (b).(C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds.(4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section.(5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party.(B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement.(b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section.(2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section.(c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department.(2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision.(3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section.(d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.(e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund.(f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance.SEC. 43. Section 431.5 is added to the Military and Veterans Code, to read:431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements.SEC. 44. Chapter 14 (commencing with Section 5875) is added to Division 5 of the Public Resources Code, to read: CHAPTER 14. Southeast Los Angeles Cultural Center5875. For purposes of this chapter, the following definitions shall apply:(a) County means the County of Los Angeles.(b) Cultural center means the Southeast Los Angeles Cultural Center.(c) Panel means the Southeast Los Angeles Cultural Center Development Advisory Panel.(d) SELA means southeast Los Angeles.5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e).(b) It is the intent of the Legislature that the objectives of the panel include all of the following:(1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028.(2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center.(3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panels work as outlined in subdivision (c).(c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following:(1) Advising on the design, ownership, operations, and governance of the cultural center.(2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements:(A) A proposed operating model with a recommendation for an operator or operators of the cultural center.(B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs.(3) Ongoing community engagement efforts for the cultural centers development, including the following:(A) Community outreach.(B) Public convening.(C) Relations with local governments, state agencies, and tribal communities.(D) Relations with SELA artists and schools.(E) Promotion of the cultural center and its services.(4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community.(5) Promoting public accessibility and connectivity between the cultural center and its communities.(6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships.(d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees.(e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows:(1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community.(2) The Secretary of the Natural Resources Agency shall appoint seven members as follows:(A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs.(B) Two representatives of SELA community artist nonprofit organizations.(C) One representative, 21 years of age or under, of SELA community youth.(D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts.(E) One representative of the Los Angeles Philharmonic Association.(F) One representative from the local tribal community.(f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural centers activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center.(g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancys work and legal duties to develop and construct the cultural center.(h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates.(i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance.5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.SEC. 45. Section 21080.12 is added to the Public Resources Code, to read:21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts.(b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division.SEC. 46. Section 75250.1 of the Public Resources Code is amended to read:75250.1. (a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019.1 of the Government Code.(b) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.SEC. 47. Section 281 of the Public Utilities Code is amended to read:281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).(b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program.(B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply:(i) Mbps means megabits per second.(ii) (I) Except as provided in subclause (II), unserved area means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data.(II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, unserved area means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission.(2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following:(A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider.(B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity.(ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i).(3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption.(4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations.(5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following:(A) Providing technical assistance to local governments and providers.(B) Assisting in developing grant applications.(C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties.(6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds.(c) The commission shall establish the following accounts within the fund:(1) The Broadband Infrastructure Grant Account.(2) The Rural and Urban Regional Broadband Consortia Grant Account.(3) The Broadband Public Housing Account.(4) The Broadband Adoption Account.(5) The Federal Funding Account.(d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund.(2) All interest earned on moneys in the fund shall be deposited into the fund.(3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c).(4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year.(e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.(f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following:(1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology.(2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year.(3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7.(4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision.(5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households.(6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property.(ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000).(7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.(9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commissions internet website at least 30 days before publishing the corresponding draft resolution.(10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5):(A) Costs directly related to the deployment of infrastructure.(B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years.(C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection.(11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal.(g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.(2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following:(A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity.(B) The number of project applications assisted.(h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account.(2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account.(i) (1) For purposes of this subdivision, low-income community includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission.(2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission.(3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community.(4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities.(5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.(6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite.(j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption.(2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs.(3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant.(4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph.(5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households.(k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications.(l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information:(A) The name and contractors license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section.(B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.(C) The anticipated dates when that work will be performed.(2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commissions California Advanced Services Fund internet website.(m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved.(n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines.(2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys.(3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows:(A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county.(ii) The commission shall allocate the remaining moneys based on each urban countys proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county.(ii) The commission shall allocate the remaining moneys based on each rural countys proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state.SEC. 48. The Legislature finds and declares that, with regard to Section 37 of this act adding and repealing Section 14669.23 of the Government Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to provide supplemental emergency housing resources for individuals experiencing homelessness in the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.SEC. 49. The Legislature finds and declares that, with regard to Section 44 of this act adding and repealing Chapter 14 (commencing with Section 5875) of Division 5 of the Public Resources Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique cultural relevancy of the southeast Los Angeles region.SEC. 50. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 51. 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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| 229 | 240 | | The people of the State of California do enact as follows: |
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| 231 | 242 | | ## The people of the State of California do enact as follows: |
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| 232 | 243 | | |
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| 233 | 244 | | SECTION 1. Section 1798.99.32 of the Civil Code is amended to read:1798.99.32. (a) The California Childrens Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.(b) Working group members shall consist of Californians with expertise in at least two of the following areas:(1) Childrens data privacy.(2) Physical health.(3) Mental health and well-being.(4) Computer science.(5) Childrens rights.(c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:(1) Two appointees by the Governor.(2) Two appointees by the President Pro Tempore of the Senate.(3) Two appointees by the Speaker of the Assembly.(4) Two appointees by the Attorney General.(5) One appointee by the California Privacy Protection Agency.(d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:(1) Identifying online services, products, or features likely to be accessed by children.(2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.(3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.(4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.(5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.(6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.(e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).(f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.(g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.(h) This section shall remain in effect until January 1, 2030, and as of that date is repealed. |
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| 234 | 245 | | |
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| 235 | 246 | | SECTION 1. Section 1798.99.32 of the Civil Code is amended to read: |
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| 236 | 247 | | |
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| 237 | 248 | | ### SECTION 1. |
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| 238 | 249 | | |
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| 239 | 250 | | 1798.99.32. (a) The California Childrens Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.(b) Working group members shall consist of Californians with expertise in at least two of the following areas:(1) Childrens data privacy.(2) Physical health.(3) Mental health and well-being.(4) Computer science.(5) Childrens rights.(c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:(1) Two appointees by the Governor.(2) Two appointees by the President Pro Tempore of the Senate.(3) Two appointees by the Speaker of the Assembly.(4) Two appointees by the Attorney General.(5) One appointee by the California Privacy Protection Agency.(d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:(1) Identifying online services, products, or features likely to be accessed by children.(2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.(3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.(4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.(5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.(6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.(e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).(f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.(g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.(h) This section shall remain in effect until January 1, 2030, and as of that date is repealed. |
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| 240 | 251 | | |
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| 241 | 252 | | 1798.99.32. (a) The California Childrens Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.(b) Working group members shall consist of Californians with expertise in at least two of the following areas:(1) Childrens data privacy.(2) Physical health.(3) Mental health and well-being.(4) Computer science.(5) Childrens rights.(c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:(1) Two appointees by the Governor.(2) Two appointees by the President Pro Tempore of the Senate.(3) Two appointees by the Speaker of the Assembly.(4) Two appointees by the Attorney General.(5) One appointee by the California Privacy Protection Agency.(d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:(1) Identifying online services, products, or features likely to be accessed by children.(2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.(3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.(4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.(5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.(6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.(e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).(f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.(g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.(h) This section shall remain in effect until January 1, 2030, and as of that date is repealed. |
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| 242 | 253 | | |
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| 243 | 254 | | 1798.99.32. (a) The California Childrens Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.(b) Working group members shall consist of Californians with expertise in at least two of the following areas:(1) Childrens data privacy.(2) Physical health.(3) Mental health and well-being.(4) Computer science.(5) Childrens rights.(c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:(1) Two appointees by the Governor.(2) Two appointees by the President Pro Tempore of the Senate.(3) Two appointees by the Speaker of the Assembly.(4) Two appointees by the Attorney General.(5) One appointee by the California Privacy Protection Agency.(d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:(1) Identifying online services, products, or features likely to be accessed by children.(2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.(3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.(4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.(5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.(6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.(e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).(f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.(g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.(h) This section shall remain in effect until January 1, 2030, and as of that date is repealed. |
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| 244 | 255 | | |
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| 245 | 256 | | |
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| 246 | 257 | | |
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| 247 | 258 | | 1798.99.32. (a) The California Childrens Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title. |
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| 248 | 259 | | |
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| 249 | 260 | | (b) Working group members shall consist of Californians with expertise in at least two of the following areas: |
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| 250 | 261 | | |
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| 251 | 262 | | (1) Childrens data privacy. |
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| 252 | 263 | | |
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| 253 | 264 | | (2) Physical health. |
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| 254 | 265 | | |
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| 255 | 266 | | (3) Mental health and well-being. |
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| 256 | 267 | | |
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| 257 | 268 | | (4) Computer science. |
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| 258 | 269 | | |
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| 259 | 270 | | (5) Childrens rights. |
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| 260 | 271 | | |
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| 261 | 272 | | (c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members: |
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| 262 | 273 | | |
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| 263 | 274 | | (1) Two appointees by the Governor. |
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| 264 | 275 | | |
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| 265 | 276 | | (2) Two appointees by the President Pro Tempore of the Senate. |
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| 266 | 277 | | |
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| 267 | 278 | | (3) Two appointees by the Speaker of the Assembly. |
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| 268 | 279 | | |
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| 269 | 280 | | (4) Two appointees by the Attorney General. |
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| 270 | 281 | | |
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| 271 | 282 | | (5) One appointee by the California Privacy Protection Agency. |
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| 272 | 283 | | |
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| 273 | 284 | | (d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following: |
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| 274 | 285 | | |
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| 275 | 286 | | (1) Identifying online services, products, or features likely to be accessed by children. |
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| 276 | 287 | | |
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| 277 | 288 | | (2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature. |
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| 278 | 289 | | |
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| 279 | 290 | | (3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive. |
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| 280 | 291 | | |
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| 281 | 292 | | (4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature. |
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| 282 | 293 | | |
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| 283 | 294 | | (5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature. |
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| 284 | 295 | | |
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| 285 | 296 | | (6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online. |
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| 286 | 297 | | |
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| 287 | 298 | | (e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d). |
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| 288 | 299 | | |
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| 289 | 300 | | (f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication. |
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| 290 | 301 | | |
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| 291 | 302 | | (g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties. |
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| 292 | 303 | | |
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| 293 | 304 | | (h) This section shall remain in effect until January 1, 2030, and as of that date is repealed. |
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| 294 | 305 | | |
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| 295 | 306 | | SEC. 2. Section 7903 of the Government Code is amended to read:7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) Sexually transmitted disease prevention and control activities (Section 120511 of the Health and Safety Code).(E) Support for vital public health activities (Article 7 (commencing with Section 101320) of Chapter 3 of Part 3 of Division 101 of the Health and Safety Code).(F) County administration for Medi-Cal eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified precare and postcare services for individuals treated in short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental health plan costs for Continuum of Care Reform (Sections 4096.5 and 11462.01 of the Welfare and Institutions Code).(N) Mobile crisis services (Section 14132.57 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Funds distributed from the Mental Health Services Fund pursuant to Section 5892 of the Welfare and Institutions Code.(Q) Drug Medi-Cal organized delivery system, excluding Narcotic Treatment Program services (Section 14184.401 of the Welfare and Institutions Code).(R) Drug Medi-Cal, excluding Narcotic Treatment Program services (Section 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022).(T) Mental Health Student Services Act partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program (Chapter 25 of the Statutes of 2016 (Assembly Bill No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey (Executive Order No. N-32-20 and Item 5180-151-0001 of the Budget Act of 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item 5180-493 of the Budget Act of 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of 2022).(AE) Adult Protective Services (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code).(AF) Adult corrections and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections planning and grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Title 10.2 (commencing with Section 14130) of the Penal Code, Chapter 337 of the Statutes of 2020 (Senate Bill No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of 2021).(AK) Department of Cannabis Control grant (Item 1115-101-0001 of the Budget Act of 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural land burning in San Joaquin Valley (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for fire and rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment resolution grants (Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Sections 50675.1.1 to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) No later than February 1 of each year, the Department of Finance shall do both of the following:(A) Calculate for each local agency the individual subvention amounts for each program listed in paragraph (1) of subdivision (b).(B) Provide the information described in subparagraph (A) to the California State Association of Counties and the League of California Cities for distribution to local agencies.(2) Local agencies shall utilize the amounts calculated by the Department of Finance and provided to them pursuant to this subdivision for purposes of Article XIIIB of the California Constitution and this division.(d) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(e) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
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| 296 | 307 | | |
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| 297 | 308 | | SEC. 2. Section 7903 of the Government Code is amended to read: |
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| 298 | 309 | | |
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| 299 | 310 | | ### SEC. 2. |
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| 300 | 311 | | |
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| 301 | 312 | | 7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) Sexually transmitted disease prevention and control activities (Section 120511 of the Health and Safety Code).(E) Support for vital public health activities (Article 7 (commencing with Section 101320) of Chapter 3 of Part 3 of Division 101 of the Health and Safety Code).(F) County administration for Medi-Cal eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified precare and postcare services for individuals treated in short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental health plan costs for Continuum of Care Reform (Sections 4096.5 and 11462.01 of the Welfare and Institutions Code).(N) Mobile crisis services (Section 14132.57 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Funds distributed from the Mental Health Services Fund pursuant to Section 5892 of the Welfare and Institutions Code.(Q) Drug Medi-Cal organized delivery system, excluding Narcotic Treatment Program services (Section 14184.401 of the Welfare and Institutions Code).(R) Drug Medi-Cal, excluding Narcotic Treatment Program services (Section 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022).(T) Mental Health Student Services Act partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program (Chapter 25 of the Statutes of 2016 (Assembly Bill No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey (Executive Order No. N-32-20 and Item 5180-151-0001 of the Budget Act of 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item 5180-493 of the Budget Act of 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of 2022).(AE) Adult Protective Services (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code).(AF) Adult corrections and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections planning and grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Title 10.2 (commencing with Section 14130) of the Penal Code, Chapter 337 of the Statutes of 2020 (Senate Bill No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of 2021).(AK) Department of Cannabis Control grant (Item 1115-101-0001 of the Budget Act of 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural land burning in San Joaquin Valley (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for fire and rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment resolution grants (Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Sections 50675.1.1 to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) No later than February 1 of each year, the Department of Finance shall do both of the following:(A) Calculate for each local agency the individual subvention amounts for each program listed in paragraph (1) of subdivision (b).(B) Provide the information described in subparagraph (A) to the California State Association of Counties and the League of California Cities for distribution to local agencies.(2) Local agencies shall utilize the amounts calculated by the Department of Finance and provided to them pursuant to this subdivision for purposes of Article XIIIB of the California Constitution and this division.(d) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(e) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
|---|
| 302 | 313 | | |
|---|
| 303 | 314 | | 7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) Sexually transmitted disease prevention and control activities (Section 120511 of the Health and Safety Code).(E) Support for vital public health activities (Article 7 (commencing with Section 101320) of Chapter 3 of Part 3 of Division 101 of the Health and Safety Code).(F) County administration for Medi-Cal eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified precare and postcare services for individuals treated in short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental health plan costs for Continuum of Care Reform (Sections 4096.5 and 11462.01 of the Welfare and Institutions Code).(N) Mobile crisis services (Section 14132.57 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Funds distributed from the Mental Health Services Fund pursuant to Section 5892 of the Welfare and Institutions Code.(Q) Drug Medi-Cal organized delivery system, excluding Narcotic Treatment Program services (Section 14184.401 of the Welfare and Institutions Code).(R) Drug Medi-Cal, excluding Narcotic Treatment Program services (Section 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022).(T) Mental Health Student Services Act partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program (Chapter 25 of the Statutes of 2016 (Assembly Bill No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey (Executive Order No. N-32-20 and Item 5180-151-0001 of the Budget Act of 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item 5180-493 of the Budget Act of 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of 2022).(AE) Adult Protective Services (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code).(AF) Adult corrections and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections planning and grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Title 10.2 (commencing with Section 14130) of the Penal Code, Chapter 337 of the Statutes of 2020 (Senate Bill No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of 2021).(AK) Department of Cannabis Control grant (Item 1115-101-0001 of the Budget Act of 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural land burning in San Joaquin Valley (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for fire and rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment resolution grants (Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Sections 50675.1.1 to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) No later than February 1 of each year, the Department of Finance shall do both of the following:(A) Calculate for each local agency the individual subvention amounts for each program listed in paragraph (1) of subdivision (b).(B) Provide the information described in subparagraph (A) to the California State Association of Counties and the League of California Cities for distribution to local agencies.(2) Local agencies shall utilize the amounts calculated by the Department of Finance and provided to them pursuant to this subdivision for purposes of Article XIIIB of the California Constitution and this division.(d) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(e) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
|---|
| 304 | 315 | | |
|---|
| 305 | 316 | | 7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.(b) (1) Commencing with the 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following:(A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code).(B) Black Infant Health Program (Section 123255 of the Health and Safety Code).(C) California Home Visiting Program (Section 123255 of the Health and Safety Code).(D) Sexually transmitted disease prevention and control activities (Section 120511 of the Health and Safety Code).(E) Support for vital public health activities (Article 7 (commencing with Section 101320) of Chapter 3 of Part 3 of Division 101 of the Health and Safety Code).(F) County administration for Medi-Cal eligibility (Section 14154 of the Welfare and Institutions Code).(G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code).(H) Case management services under the California Childrens Services program (Section 123850 of the Health and Safety Code).(I) Child Health and Disability Prevention Program (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code).(J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code).(K) Specified precare and postcare services for individuals treated in short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code).(L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code).(M) Mental health plan costs for Continuum of Care Reform (Sections 4096.5 and 11462.01 of the Welfare and Institutions Code).(N) Mobile crisis services (Section 14132.57 of the Welfare and Institutions Code).(O) Los Angeles County Justice-Involved Population Services and Supports (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022).(P) Funds distributed from the Mental Health Services Fund pursuant to Section 5892 of the Welfare and Institutions Code.(Q) Drug Medi-Cal organized delivery system, excluding Narcotic Treatment Program services (Section 14184.401 of the Welfare and Institutions Code).(R) Drug Medi-Cal, excluding Narcotic Treatment Program services (Section 14124.20 of the Welfare and Institutions Code).(S) Behavioral Health Bridge Housing Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022).(T) Mental Health Student Services Act partnership grant program (Section 5886 of the Welfare and Institutions Code).(U) CalFresh (Section 18906.55 of the Welfare and Institutions Code).(V) In-Home Supportive Services (Sections 12306.16 and 12302.25 of the Welfare and Institutions Code).(W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code).(X) Housing and Disability Income Advocacy Program (Chapter 25 of the Statutes of 2016 (Assembly Bill No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).(Y) Project Roomkey (Executive Order No. N-32-20 and Item 5180-151-0001 of the Budget Act of 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item 5180-493 of the Budget Act of 2022).(Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code).(AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code).(AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code).(AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code).(AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of 2022).(AE) Adult Protective Services (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code).(AF) Adult corrections and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of the Penal Code, and Section 26747 of the Government Code).(AG) Corrections planning and grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Title 10.2 (commencing with Section 14130) of the Penal Code, Chapter 337 of the Statutes of 2020 (Senate Bill No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021).(AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021).(AI) Elections (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of 2021).(AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of 2021).(AK) Department of Cannabis Control grant (Item 1115-101-0001 of the Budget Act of 2021 and Item 1115-102-0001 of the Budget Act of 2022).(AL) Agricultural land burning in San Joaquin Valley (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021).(AM) Carl Moyer Air Quality Standards Attainment Program (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021).(AN) Pre-positioning for fire and rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022).(AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021).(AP) Law Enforcement Mutual Aid (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022).(AQ) Los Angeles Regional Interoperable Communication Systems (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022).(AR) Homeless Housing, Assistance, and Prevention program grants (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code).(AS) Encampment resolution grants (Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).(AT) Operating subsidies for Homekey facilities (Sections 50675.1.1 to 50675.14, inclusive, of the Health and Safety Code).(AU) Various programs contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021, and Control Section 19.56 of the Budget Act of 2022.(2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902.(c) (1) No later than February 1 of each year, the Department of Finance shall do both of the following:(A) Calculate for each local agency the individual subvention amounts for each program listed in paragraph (1) of subdivision (b).(B) Provide the information described in subparagraph (A) to the California State Association of Counties and the League of California Cities for distribution to local agencies.(2) Local agencies shall utilize the amounts calculated by the Department of Finance and provided to them pursuant to this subdivision for purposes of Article XIIIB of the California Constitution and this division.(d) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter.(2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902.(e) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
|---|
| 306 | 317 | | |
|---|
| 307 | 318 | | |
|---|
| 308 | 319 | | |
|---|
| 309 | 320 | | 7903. (a) State subventions shall, except as provided in subdivision (b), include only money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention. |
|---|
| 310 | 321 | | |
|---|
| 311 | 322 | | (b) (1) Commencing with the 202122 fiscal year and each fiscal year thereafter, state subventions shall also include any money provided to a local agency pursuant to any of the following: |
|---|
| 312 | 323 | | |
|---|
| 313 | 324 | | (A) Child support administration relating to local child support agencies (Sections 17306, subdivision (b) of Section 17704, and subdivision (a) of Section 17710 of the Family Code). |
|---|
| 314 | 325 | | |
|---|
| 315 | 326 | | (B) Black Infant Health Program (Section 123255 of the Health and Safety Code). |
|---|
| 316 | 327 | | |
|---|
| 317 | 328 | | (C) California Home Visiting Program (Section 123255 of the Health and Safety Code). |
|---|
| 318 | 329 | | |
|---|
| 319 | 330 | | (D) Sexually transmitted disease prevention and control activities (Section 120511 of the Health and Safety Code). |
|---|
| 320 | 331 | | |
|---|
| 321 | 332 | | (E) Support for vital public health activities (Article 7 (commencing with Section 101320) of Chapter 3 of Part 3 of Division 101 of the Health and Safety Code). |
|---|
| 322 | 333 | | |
|---|
| 323 | 334 | | (F) County administration for Medi-Cal eligibility (Section 14154 of the Welfare and Institutions Code). |
|---|
| 324 | 335 | | |
|---|
| 325 | 336 | | (G) Optional Targeted Low Income Childrens Program (Section 14005.27 of the Welfare and Institutions Code). |
|---|
| 326 | 337 | | |
|---|
| 327 | 338 | | (H) Case management services under the California Childrens Services program (Section 123850 of the Health and Safety Code). |
|---|
| 328 | 339 | | |
|---|
| 329 | 340 | | (I) Child Health and Disability Prevention Program (Article 6 (commencing with Section 124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code). |
|---|
| 330 | 341 | | |
|---|
| 331 | 342 | | (J) Specialty Mental Health Services (Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code). |
|---|
| 332 | 343 | | |
|---|
| 333 | 344 | | (K) Specified precare and postcare services for individuals treated in short-term residential therapeutic programs (Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code). |
|---|
| 334 | 345 | | |
|---|
| 335 | 346 | | (L) Behavioral Health Quality Improvement Program (Section 14184.405 of the Welfare and Institutions Code). |
|---|
| 336 | 347 | | |
|---|
| 337 | 348 | | (M) Mental health plan costs for Continuum of Care Reform (Sections 4096.5 and 11462.01 of the Welfare and Institutions Code). |
|---|
| 338 | 349 | | |
|---|
| 339 | 350 | | (N) Mobile crisis services (Section 14132.57 of the Welfare and Institutions Code). |
|---|
| 340 | 351 | | |
|---|
| 341 | 352 | | (O) Los Angeles County Justice-Involved Population Services and Supports (Provision 18 of Item 4260-101-0001 of the Budget Act of 2022). |
|---|
| 342 | 353 | | |
|---|
| 343 | 354 | | (P) Funds distributed from the Mental Health Services Fund pursuant to Section 5892 of the Welfare and Institutions Code. |
|---|
| 344 | 355 | | |
|---|
| 345 | 356 | | (Q) Drug Medi-Cal organized delivery system, excluding Narcotic Treatment Program services (Section 14184.401 of the Welfare and Institutions Code). |
|---|
| 346 | 357 | | |
|---|
| 347 | 358 | | (R) Drug Medi-Cal, excluding Narcotic Treatment Program services (Section 14124.20 of the Welfare and Institutions Code). |
|---|
| 348 | 359 | | |
|---|
| 349 | 360 | | (S) Behavioral Health Bridge Housing Program (Provision 17 of Item 4260-101-0001 of the Budget Act of 2022). |
|---|
| 350 | 361 | | |
|---|
| 351 | 362 | | (T) Mental Health Student Services Act partnership grant program (Section 5886 of the Welfare and Institutions Code). |
|---|
| 352 | 363 | | |
|---|
| 353 | 364 | | (U) CalFresh (Section 18906.55 of the Welfare and Institutions Code). |
|---|
| 354 | 365 | | |
|---|
| 355 | 366 | | (V) In-Home Supportive Services (Sections 12306.16 and 12302.25 of the Welfare and Institutions Code). |
|---|
| 356 | 367 | | |
|---|
| 357 | 368 | | (W) Community Care Expansion Program (Section 18999.97 of the Welfare and Institutions Code). |
|---|
| 358 | 369 | | |
|---|
| 359 | 370 | | (X) Housing and Disability Income Advocacy Program (Chapter 25 of the Statutes of 2016 (Assembly Bill No. 1603) and Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code). |
|---|
| 360 | 371 | | |
|---|
| 361 | 372 | | (Y) Project Roomkey (Executive Order No. N-32-20 and Item 5180-151-0001 of the Budget Act of 2019, Item 5180-151-0001 of the Budget Act of 2021, and Item 5180-493 of the Budget Act of 2022). |
|---|
| 362 | 373 | | |
|---|
| 363 | 374 | | (Z) Bringing Families Home Program (Section 16523.1 of the Welfare and Institutions Code). |
|---|
| 364 | 375 | | |
|---|
| 365 | 376 | | (AA) Home Safe Program (Section 15771 of the Welfare and Institutions Code). |
|---|
| 366 | 377 | | |
|---|
| 367 | 378 | | (AB) CalWORKs Housing Support Program (Section 11330.5 of the Welfare and Institutions Code). |
|---|
| 368 | 379 | | |
|---|
| 369 | 380 | | (AC) CalWORKs (Section 15204.3 of the Welfare and Institutions Code). |
|---|
| 370 | 381 | | |
|---|
| 371 | 382 | | (AD) Automation (Section 10823 of the Welfare and Institutions Code and Item 5180-141-0001 of the Budget Act of 2022). |
|---|
| 372 | 383 | | |
|---|
| 373 | 384 | | (AE) Adult Protective Services (Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code). |
|---|
| 374 | 385 | | |
|---|
| 375 | 386 | | (AF) Adult corrections and rehabilitation operationsinstitution administration (Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code, Sections 1557 and 4750 of the Penal Code, and Section 26747 of the Government Code). |
|---|
| 376 | 387 | | |
|---|
| 377 | 388 | | (AG) Corrections planning and grant programs (The Safe Neighborhoods and Schools Act (Proposition 47 approved at the November 4, 2014, general election), The Public Safety and Rehabilitation Act of 2016 (Proposition 57 approved at the November 8, 2016, general election), The Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64 approved at the November 8, 2016, general election), Section 7599.1 of the Government Code, Title 10.2 (commencing with Section 14130) of the Penal Code, Chapter 337 of the Statutes of 2020 (Senate Bill No. 823), Items 5227-123-0001, 5227-117-0001, 5227-118-0001, 5227-120-0001, 5227-121-0001, 5227-125-0001, of the Budget Act of 2022, Items 5227-115-0001 and 5227-116-0001 of the Budget Act of 2021). |
|---|
| 378 | 389 | | |
|---|
| 379 | 390 | | (AH) Office of the Small Business Advocate (Item 0509-103-0001 of the Budget Act of 2021). |
|---|
| 380 | 391 | | |
|---|
| 381 | 392 | | (AI) Elections (Chapter 9 of the Statutes of 2022 (Senate Bill No. 119) and Item 0890-101-0001 of the Budget Act of 2021). |
|---|
| 382 | 393 | | |
|---|
| 383 | 394 | | (AJ) County Subvention (Items 8955-101-0001 and 8955-101-3085 of the Budget Act of 2021). |
|---|
| 384 | 395 | | |
|---|
| 385 | 396 | | (AK) Department of Cannabis Control grant (Item 1115-101-0001 of the Budget Act of 2021 and Item 1115-102-0001 of the Budget Act of 2022). |
|---|
| 386 | 397 | | |
|---|
| 387 | 398 | | (AL) Agricultural land burning in San Joaquin Valley (Provision 1 of Item 3900-101-0001 of the Budget Act of 2021). |
|---|
| 388 | 399 | | |
|---|
| 389 | 400 | | (AM) Carl Moyer Air Quality Standards Attainment Program (Provision 2g of Item 3970-101-0001 of the Budget Act of 2021). |
|---|
| 390 | 401 | | |
|---|
| 391 | 402 | | (AN) Pre-positioning for fire and rescue (Provision 3 of Item 0690-101-0001 of the Budget Act of 2021 and the Budget Act of 2022). |
|---|
| 392 | 403 | | |
|---|
| 393 | 404 | | (AO) Prepare California (Item 0690-106-0001 of the Budget Act of 2021). |
|---|
| 394 | 405 | | |
|---|
| 395 | 406 | | (AP) Law Enforcement Mutual Aid (Provision 6 of Item 0690-101-0001 of the Budget Act of 2022). |
|---|
| 396 | 407 | | |
|---|
| 397 | 408 | | (AQ) Los Angeles Regional Interoperable Communication Systems (Provision 9 of Item 0690-101-0001 of the Budget Act of 2022). |
|---|
| 398 | 409 | | |
|---|
| 399 | 410 | | (AR) Homeless Housing, Assistance, and Prevention program grants (Chapter 6 (commencing with Sections 50216) of Part 1 of Division 31 of the Health and Safety Code). |
|---|
| 400 | 411 | | |
|---|
| 401 | 412 | | (AS) Encampment resolution grants (Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code). |
|---|
| 402 | 413 | | |
|---|
| 403 | 414 | | (AT) Operating subsidies for Homekey facilities (Sections 50675.1.1 to 50675.14, inclusive, of the Health and Safety Code). |
|---|
| 404 | 415 | | |
|---|
| 405 | 416 | | (AU) Various programs contained in Control Sections 19.56 and 19.57 of the Budget Act of 2021, and Control Section 19.56 of the Budget Act of 2022. |
|---|
| 406 | 417 | | |
|---|
| 407 | 418 | | (2) State subventions pursuant to programs listed in paragraph (1) shall be included within the appropriations limit of the local agency, up to the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the full appropriations limit of the local agency, as determined pursuant to Section 7902. |
|---|
| 408 | 419 | | |
|---|
| 409 | 420 | | (c) (1) No later than February 1 of each year, the Department of Finance shall do both of the following: |
|---|
| 410 | 421 | | |
|---|
| 411 | 422 | | (A) Calculate for each local agency the individual subvention amounts for each program listed in paragraph (1) of subdivision (b). |
|---|
| 412 | 423 | | |
|---|
| 413 | 424 | | (B) Provide the information described in subparagraph (A) to the California State Association of Counties and the League of California Cities for distribution to local agencies. |
|---|
| 414 | 425 | | |
|---|
| 415 | 426 | | (2) Local agencies shall utilize the amounts calculated by the Department of Finance and provided to them pursuant to this subdivision for purposes of Article XIIIB of the California Constitution and this division. |
|---|
| 416 | 427 | | |
|---|
| 417 | 428 | | (d) (1) Any portion of state subventions pursuant to programs listed in paragraph (1) of subdivision (b) that exceeds the amount representing the difference between the total amount of proceeds of taxes of the local agency, calculated without application of this section, and the appropriations limit of the local agency shall be identified and reported to the Director of Finance by November 1, 2022, and by that date annually thereafter. |
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| 418 | 429 | | |
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| 419 | 430 | | (2) The Director of Finance shall calculate the total amounts reported by local agencies pursuant to this subdivision and shall include those amounts within the state appropriations limit determined pursuant to Section 7902. |
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| 420 | 431 | | |
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| 421 | 432 | | (e) The determinations and calculations required pursuant to this section shall be in addition to any determinations and calculations required pursuant to Section 7902.2.2 of the Government Code. |
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| 422 | 433 | | |
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| 423 | 434 | | SEC. 3. Section 8010 of the Government Code is amended to read:8010. (a) There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows:(1) Five members appointed by the Governor.(2) Two members appointed by the Speaker of the Assembly.(3) Two members appointed by the Senate Committee on Rules.(b) Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information, including and especially persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities.(c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:(1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.(2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years.(d) The members shall elect one of their number to serve as chairperson of the commission.(e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.(2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the states diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.(f) (1) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties.(2) The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(3) The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(g) Members of the commission may select representatives to attend commission activities if they are unable to attend.(h) (1) A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses.(2) Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.(i) The commission shall have the following goals:(1) Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime.(2) Engage in fact finding, data collection, and the production of annual reports on the state of hate and hate-related crimes.(3) Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime.(4) Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following:(A) Promote intersocial education designed to foster mutual respect and understanding among Californias diverse population.(B) Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance.(C) Advise on related matters periodically.(j) The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts.(k) Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023.(1) For the Annual State of Hate Commission Report that is due by and after July 1, 2026, the commission shall prepare a report that includes all of the following:(A) A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics.(B) Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes.(C) Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes.(D) Recommendations for actions to be taken by communities that will help respond to and reduce instances of hate crimes.(E) Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes.(2) For the Annual State of Hate Commission Report that is due by July 1, 2024, and July 1, 2025, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available.(3) For purposes of this subdivision, hate crime has the same meaning as defined in Section 422.55 of the Penal Code.(4) Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual.(l) Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023.(m) All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795.(n) In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant law.(o) The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following:(1) Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(2) Federal grant programs. |
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| 424 | 435 | | |
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| 425 | 436 | | SEC. 3. Section 8010 of the Government Code is amended to read: |
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| 426 | 437 | | |
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| 427 | 438 | | ### SEC. 3. |
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| 428 | 439 | | |
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| 429 | 440 | | 8010. (a) There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows:(1) Five members appointed by the Governor.(2) Two members appointed by the Speaker of the Assembly.(3) Two members appointed by the Senate Committee on Rules.(b) Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information, including and especially persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities.(c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:(1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.(2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years.(d) The members shall elect one of their number to serve as chairperson of the commission.(e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.(2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the states diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.(f) (1) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties.(2) The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(3) The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(g) Members of the commission may select representatives to attend commission activities if they are unable to attend.(h) (1) A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses.(2) Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.(i) The commission shall have the following goals:(1) Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime.(2) Engage in fact finding, data collection, and the production of annual reports on the state of hate and hate-related crimes.(3) Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime.(4) Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following:(A) Promote intersocial education designed to foster mutual respect and understanding among Californias diverse population.(B) Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance.(C) Advise on related matters periodically.(j) The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts.(k) Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023.(1) For the Annual State of Hate Commission Report that is due by and after July 1, 2026, the commission shall prepare a report that includes all of the following:(A) A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics.(B) Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes.(C) Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes.(D) Recommendations for actions to be taken by communities that will help respond to and reduce instances of hate crimes.(E) Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes.(2) For the Annual State of Hate Commission Report that is due by July 1, 2024, and July 1, 2025, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available.(3) For purposes of this subdivision, hate crime has the same meaning as defined in Section 422.55 of the Penal Code.(4) Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual.(l) Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023.(m) All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795.(n) In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant law.(o) The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following:(1) Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(2) Federal grant programs. |
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| 430 | 441 | | |
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| 431 | 442 | | 8010. (a) There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows:(1) Five members appointed by the Governor.(2) Two members appointed by the Speaker of the Assembly.(3) Two members appointed by the Senate Committee on Rules.(b) Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information, including and especially persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities.(c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:(1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.(2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years.(d) The members shall elect one of their number to serve as chairperson of the commission.(e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.(2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the states diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.(f) (1) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties.(2) The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(3) The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(g) Members of the commission may select representatives to attend commission activities if they are unable to attend.(h) (1) A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses.(2) Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.(i) The commission shall have the following goals:(1) Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime.(2) Engage in fact finding, data collection, and the production of annual reports on the state of hate and hate-related crimes.(3) Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime.(4) Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following:(A) Promote intersocial education designed to foster mutual respect and understanding among Californias diverse population.(B) Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance.(C) Advise on related matters periodically.(j) The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts.(k) Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023.(1) For the Annual State of Hate Commission Report that is due by and after July 1, 2026, the commission shall prepare a report that includes all of the following:(A) A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics.(B) Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes.(C) Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes.(D) Recommendations for actions to be taken by communities that will help respond to and reduce instances of hate crimes.(E) Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes.(2) For the Annual State of Hate Commission Report that is due by July 1, 2024, and July 1, 2025, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available.(3) For purposes of this subdivision, hate crime has the same meaning as defined in Section 422.55 of the Penal Code.(4) Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual.(l) Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023.(m) All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795.(n) In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant law.(o) The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following:(1) Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(2) Federal grant programs. |
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| 432 | 443 | | |
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| 433 | 444 | | 8010. (a) There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows:(1) Five members appointed by the Governor.(2) Two members appointed by the Speaker of the Assembly.(3) Two members appointed by the Senate Committee on Rules.(b) Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information, including and especially persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities.(c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:(1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.(2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years.(d) The members shall elect one of their number to serve as chairperson of the commission.(e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.(2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the states diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.(f) (1) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties.(2) The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(3) The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.(g) Members of the commission may select representatives to attend commission activities if they are unable to attend.(h) (1) A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses.(2) Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.(i) The commission shall have the following goals:(1) Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime.(2) Engage in fact finding, data collection, and the production of annual reports on the state of hate and hate-related crimes.(3) Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime.(4) Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following:(A) Promote intersocial education designed to foster mutual respect and understanding among Californias diverse population.(B) Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance.(C) Advise on related matters periodically.(j) The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts.(k) Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023.(1) For the Annual State of Hate Commission Report that is due by and after July 1, 2026, the commission shall prepare a report that includes all of the following:(A) A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics.(B) Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes.(C) Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes.(D) Recommendations for actions to be taken by communities that will help respond to and reduce instances of hate crimes.(E) Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes.(2) For the Annual State of Hate Commission Report that is due by July 1, 2024, and July 1, 2025, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available.(3) For purposes of this subdivision, hate crime has the same meaning as defined in Section 422.55 of the Penal Code.(4) Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual.(l) Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023.(m) All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795.(n) In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant law.(o) The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following:(1) Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.(2) Federal grant programs. |
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| 434 | 445 | | |
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| 435 | 446 | | |
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| 436 | 447 | | |
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| 437 | 448 | | 8010. (a) There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows: |
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| 438 | 449 | | |
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| 439 | 450 | | (1) Five members appointed by the Governor. |
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| 440 | 451 | | |
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| 441 | 452 | | (2) Two members appointed by the Speaker of the Assembly. |
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| 442 | 453 | | |
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| 443 | 454 | | (3) Two members appointed by the Senate Committee on Rules. |
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| 444 | 455 | | |
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| 445 | 456 | | (b) Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information, including and especially persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities. |
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| 446 | 457 | | |
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| 447 | 458 | | (c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms: |
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| 448 | 459 | | |
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| 449 | 460 | | (1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years. |
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| 450 | 461 | | |
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| 451 | 462 | | (2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years. |
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| 452 | 463 | | |
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| 453 | 464 | | (d) The members shall elect one of their number to serve as chairperson of the commission. |
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| 454 | 465 | | |
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| 455 | 466 | | (e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons. |
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| 456 | 467 | | |
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| 457 | 468 | | (2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the states diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission. |
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| 458 | 469 | | |
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| 459 | 470 | | (f) (1) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties. |
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| 460 | 471 | | |
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| 461 | 472 | | (2) The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties. |
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| 462 | 473 | | |
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| 463 | 474 | | (3) The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties. |
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| 464 | 475 | | |
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| 465 | 476 | | (g) Members of the commission may select representatives to attend commission activities if they are unable to attend. |
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| 466 | 477 | | |
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| 467 | 478 | | (h) (1) A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses. |
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| 468 | 479 | | |
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| 469 | 480 | | (2) Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities. |
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| 470 | 481 | | |
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| 471 | 482 | | (i) The commission shall have the following goals: |
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| 472 | 483 | | |
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| 473 | 484 | | (1) Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime. |
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| 474 | 485 | | |
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| 475 | 486 | | (2) Engage in fact finding, data collection, and the production of annual reports on the state of hate and hate-related crimes. |
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| 476 | 487 | | |
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| 477 | 488 | | (3) Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime. |
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| 478 | 489 | | |
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| 479 | 490 | | (4) Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following: |
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| 480 | 491 | | |
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| 481 | 492 | | (A) Promote intersocial education designed to foster mutual respect and understanding among Californias diverse population. |
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| 482 | 493 | | |
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| 483 | 494 | | (B) Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance. |
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| 484 | 495 | | |
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| 485 | 496 | | (C) Advise on related matters periodically. |
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| 486 | 497 | | |
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| 487 | 498 | | (j) The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts. |
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| 488 | 499 | | |
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| 489 | 500 | | (k) Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023. |
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| 490 | 501 | | |
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| 491 | 502 | | (1) For the Annual State of Hate Commission Report that is due by and after July 1, 2026, the commission shall prepare a report that includes all of the following: |
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| 492 | 503 | | |
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| 493 | 504 | | (A) A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics. |
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| 494 | 505 | | |
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| 495 | 506 | | (B) Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes. |
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| 496 | 507 | | |
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| 497 | 508 | | (C) Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes. |
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| 498 | 509 | | |
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| 499 | 510 | | (D) Recommendations for actions to be taken by communities that will help respond to and reduce instances of hate crimes. |
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| 500 | 511 | | |
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| 501 | 512 | | (E) Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes. |
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| 502 | 513 | | |
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| 503 | 514 | | (2) For the Annual State of Hate Commission Report that is due by July 1, 2024, and July 1, 2025, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available. |
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| 504 | 515 | | |
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| 505 | 516 | | (3) For purposes of this subdivision, hate crime has the same meaning as defined in Section 422.55 of the Penal Code. |
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| 506 | 517 | | |
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| 507 | 518 | | (4) Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual. |
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| 508 | 519 | | |
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| 509 | 520 | | (l) Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023. |
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| 510 | 521 | | |
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| 511 | 522 | | (m) All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795. |
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| 512 | 523 | | |
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| 513 | 524 | | (n) In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant law. |
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| 514 | 525 | | |
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| 515 | 526 | | (o) The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following: |
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| 516 | 527 | | |
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| 517 | 528 | | (1) Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter. |
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| 518 | 529 | | |
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| 519 | 530 | | (2) Federal grant programs. |
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| 520 | 531 | | |
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| 521 | 532 | | SEC. 4. Section 8263 of the Government Code is amended to read:8263. (a) There is in the Office of Planning and Research the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows:(1) Eleven public members appointed by the Governor, subject to the following requirements:(A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor.(B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner.(C) Five of the commissioners shall be between 14 to 18 years of age.(D) Five of the commissioners shall be between 18 to 25 years of age.(E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration.(F) One at-large commissioner, who may be between 14 to 25 years of age.(2) One at-large public member appointed by the Senate Committee on Rules.(3) One at-large public member appointed by the Speaker of the Assembly.(4) The Governor may appoint alternates for those described in paragraph (1).(b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows:(1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba.(2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity.(3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco.(4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne.(5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura.(6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare.(7) The Inland Empire region consists of the Counties of Riverside and San Bernardino.(8) The Los Angeles region consists of the County of Los Angeles.(9) The Orange County region consists of the County of Orange.(10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego.(c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission.(d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of Californias youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives. |
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| 522 | 533 | | |
|---|
| 523 | 534 | | SEC. 4. Section 8263 of the Government Code is amended to read: |
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| 524 | 535 | | |
|---|
| 525 | 536 | | ### SEC. 4. |
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| 526 | 537 | | |
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| 527 | 538 | | 8263. (a) There is in the Office of Planning and Research the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows:(1) Eleven public members appointed by the Governor, subject to the following requirements:(A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor.(B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner.(C) Five of the commissioners shall be between 14 to 18 years of age.(D) Five of the commissioners shall be between 18 to 25 years of age.(E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration.(F) One at-large commissioner, who may be between 14 to 25 years of age.(2) One at-large public member appointed by the Senate Committee on Rules.(3) One at-large public member appointed by the Speaker of the Assembly.(4) The Governor may appoint alternates for those described in paragraph (1).(b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows:(1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba.(2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity.(3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco.(4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne.(5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura.(6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare.(7) The Inland Empire region consists of the Counties of Riverside and San Bernardino.(8) The Los Angeles region consists of the County of Los Angeles.(9) The Orange County region consists of the County of Orange.(10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego.(c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission.(d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of Californias youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives. |
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| 528 | 539 | | |
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| 529 | 540 | | 8263. (a) There is in the Office of Planning and Research the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows:(1) Eleven public members appointed by the Governor, subject to the following requirements:(A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor.(B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner.(C) Five of the commissioners shall be between 14 to 18 years of age.(D) Five of the commissioners shall be between 18 to 25 years of age.(E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration.(F) One at-large commissioner, who may be between 14 to 25 years of age.(2) One at-large public member appointed by the Senate Committee on Rules.(3) One at-large public member appointed by the Speaker of the Assembly.(4) The Governor may appoint alternates for those described in paragraph (1).(b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows:(1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba.(2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity.(3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco.(4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne.(5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura.(6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare.(7) The Inland Empire region consists of the Counties of Riverside and San Bernardino.(8) The Los Angeles region consists of the County of Los Angeles.(9) The Orange County region consists of the County of Orange.(10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego.(c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission.(d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of Californias youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives. |
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| 530 | 541 | | |
|---|
| 531 | 542 | | 8263. (a) There is in the Office of Planning and Research the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows:(1) Eleven public members appointed by the Governor, subject to the following requirements:(A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor.(B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner.(C) Five of the commissioners shall be between 14 to 18 years of age.(D) Five of the commissioners shall be between 18 to 25 years of age.(E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration.(F) One at-large commissioner, who may be between 14 to 25 years of age.(2) One at-large public member appointed by the Senate Committee on Rules.(3) One at-large public member appointed by the Speaker of the Assembly.(4) The Governor may appoint alternates for those described in paragraph (1).(b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows:(1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba.(2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity.(3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco.(4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne.(5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura.(6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare.(7) The Inland Empire region consists of the Counties of Riverside and San Bernardino.(8) The Los Angeles region consists of the County of Los Angeles.(9) The Orange County region consists of the County of Orange.(10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego.(c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission.(d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of Californias youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives. |
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| 532 | 543 | | |
|---|
| 533 | 544 | | |
|---|
| 534 | 545 | | |
|---|
| 535 | 546 | | 8263. (a) There is in the Office of Planning and Research the California Youth Empowerment Commission. The commission shall consist of 13 voting commissioners to be appointed as follows: |
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| 536 | 547 | | |
|---|
| 537 | 548 | | (1) Eleven public members appointed by the Governor, subject to the following requirements: |
|---|
| 538 | 549 | | |
|---|
| 539 | 550 | | (A) The terms of these commissioners initially shall be staggered so that five members serve one-year terms and six members serve two-year terms. To achieve the staggering of terms, the Governor shall designate the terms of the present members of the commission who have been appointed by the Governor. |
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| 540 | 551 | | |
|---|
| 541 | 552 | | (B) One of the commissioners shall reside, work, or attend school in each region described in subdivision (b), with the exception of the at-large commissioner. |
|---|
| 542 | 553 | | |
|---|
| 543 | 554 | | (C) Five of the commissioners shall be between 14 to 18 years of age. |
|---|
| 544 | 555 | | |
|---|
| 545 | 556 | | (D) Five of the commissioners shall be between 18 to 25 years of age. |
|---|
| 546 | 557 | | |
|---|
| 547 | 558 | | (E) At least five commissioners shall have experienced a physical disability, youth homelessness, foster care, or juvenile incarceration. |
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| 548 | 559 | | |
|---|
| 549 | 560 | | (F) One at-large commissioner, who may be between 14 to 25 years of age. |
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| 550 | 561 | | |
|---|
| 551 | 562 | | (2) One at-large public member appointed by the Senate Committee on Rules. |
|---|
| 552 | 563 | | |
|---|
| 553 | 564 | | (3) One at-large public member appointed by the Speaker of the Assembly. |
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| 554 | 565 | | |
|---|
| 555 | 566 | | (4) The Governor may appoint alternates for those described in paragraph (1). |
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| 556 | 567 | | |
|---|
| 557 | 568 | | (b) For the purposes of subparagraph (B) of paragraph (1) of subdivision (a), these regions are defined as follows: |
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| 558 | 569 | | |
|---|
| 559 | 570 | | (1) The Superior California region consists of the Counties of Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sutter, Tehama, Yolo, and Yuba. |
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| 560 | 571 | | |
|---|
| 561 | 572 | | (2) The North Coast region consists of the Counties of Del Norte, Humboldt, Lake, Mendocino, Napa, Sonoma, and Trinity. |
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| 562 | 573 | | |
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| 563 | 574 | | (3) The San Francisco Bay area region consists of the Counties of Alameda, Contra Costa, Marin, San Mateo, Santa Clara, and Solano, and the City and County of San Francisco. |
|---|
| 564 | 575 | | |
|---|
| 565 | 576 | | (4) The Northern San Joaquin Valley region consists of the Counties of Alpine, Amador, Calaveras, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, and Tuolumne. |
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| 566 | 577 | | |
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| 567 | 578 | | (5) The Central Coast region consists of the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura. |
|---|
| 568 | 579 | | |
|---|
| 569 | 580 | | (6) The Southern San Joaquin Valley region consists of the Counties of Fresno, Inyo, Kern, Kings, and Tulare. |
|---|
| 570 | 581 | | |
|---|
| 571 | 582 | | (7) The Inland Empire region consists of the Counties of Riverside and San Bernardino. |
|---|
| 572 | 583 | | |
|---|
| 573 | 584 | | (8) The Los Angeles region consists of the County of Los Angeles. |
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| 574 | 585 | | |
|---|
| 575 | 586 | | (9) The Orange County region consists of the County of Orange. |
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| 576 | 587 | | |
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| 577 | 588 | | (10) The San Diego/Imperial region consists of the Counties of Imperial and San Diego. |
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| 578 | 589 | | |
|---|
| 579 | 590 | | (c) In addition to subdivision (a), one Member of the Senate appointed by the Senate Committee on Rules, one Member of the Assembly appointed by the Speaker of the Assembly, the Governor, the Superintendent of Public Instruction, and the Secretary of California Health and Human Services shall serve as nonvoting members of the commission. |
|---|
| 580 | 591 | | |
|---|
| 581 | 592 | | (d) All appointing powers shall take into consideration that the members of the commission represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of Californias youth. Particular emphasis and funding should be used on reaching out to at-risk or disadvantaged youth to serve as members of the commission, as their participation will provide keen insight into many of the issues that youth face in their day-to-day lives. |
|---|
| 582 | 593 | | |
|---|
| 583 | 594 | | SEC. 5. Section 8270 of the Government Code is amended to read:8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before August 2023, or not later than eight months after funding is made available for this purpose. |
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| 584 | 595 | | |
|---|
| 585 | 596 | | SEC. 5. Section 8270 of the Government Code is amended to read: |
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| 586 | 597 | | |
|---|
| 587 | 598 | | ### SEC. 5. |
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| 588 | 599 | | |
|---|
| 589 | 600 | | 8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before August 2023, or not later than eight months after funding is made available for this purpose. |
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| 590 | 601 | | |
|---|
| 591 | 602 | | 8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before August 2023, or not later than eight months after funding is made available for this purpose. |
|---|
| 592 | 603 | | |
|---|
| 593 | 604 | | 8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before August 2023, or not later than eight months after funding is made available for this purpose. |
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| 594 | 605 | | |
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| 595 | 606 | | |
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| 596 | 607 | | |
|---|
| 597 | 608 | | 8270. The commission shall conduct full commission meetings at least every other month, with the first meeting on or before August 2023, or not later than eight months after funding is made available for this purpose. |
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| 598 | 609 | | |
|---|
| 599 | 610 | | SEC. 6. Section 8272 of the Government Code is amended to read:8272. The commission shall do the following:(a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California.(b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following:(1) Achievement gap.(2) Behavioral and physical health.(3) Bullying.(4) Career preparation.(5) Child welfare.(6) Child and sexual abuse.(7) Civic engagement.(8) Climate crisis.(9) College affordability and student loans.(10) Depression and suicide.(11) Education.(12) Employment.(13) Financial literacy.(14) Foster care.(15) Gun violence.(16) Health care.(17) Homelessness.(18) Housing and transportation.(19) Immigration and undocumented youth.(20) Juvenile justice.(21) Labor and jobs.(22) LGBTQ civil rights.(23) Mental health.(24) Poverty.(25) Racial, economic, and gender equity.(26) Reproductive justice.(27) Safety.(28) Social media and networking.(29) Substance abuse and vaping.(30) Youth development.(31) Any other policy or fiscal issues deemed appropriate by the commission.(c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth.(d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video.(e) On or before May 30, 2025, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795. |
|---|
| 600 | 611 | | |
|---|
| 601 | 612 | | SEC. 6. Section 8272 of the Government Code is amended to read: |
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| 602 | 613 | | |
|---|
| 603 | 614 | | ### SEC. 6. |
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| 604 | 615 | | |
|---|
| 605 | 616 | | 8272. The commission shall do the following:(a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California.(b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following:(1) Achievement gap.(2) Behavioral and physical health.(3) Bullying.(4) Career preparation.(5) Child welfare.(6) Child and sexual abuse.(7) Civic engagement.(8) Climate crisis.(9) College affordability and student loans.(10) Depression and suicide.(11) Education.(12) Employment.(13) Financial literacy.(14) Foster care.(15) Gun violence.(16) Health care.(17) Homelessness.(18) Housing and transportation.(19) Immigration and undocumented youth.(20) Juvenile justice.(21) Labor and jobs.(22) LGBTQ civil rights.(23) Mental health.(24) Poverty.(25) Racial, economic, and gender equity.(26) Reproductive justice.(27) Safety.(28) Social media and networking.(29) Substance abuse and vaping.(30) Youth development.(31) Any other policy or fiscal issues deemed appropriate by the commission.(c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth.(d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video.(e) On or before May 30, 2025, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795. |
|---|
| 606 | 617 | | |
|---|
| 607 | 618 | | 8272. The commission shall do the following:(a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California.(b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following:(1) Achievement gap.(2) Behavioral and physical health.(3) Bullying.(4) Career preparation.(5) Child welfare.(6) Child and sexual abuse.(7) Civic engagement.(8) Climate crisis.(9) College affordability and student loans.(10) Depression and suicide.(11) Education.(12) Employment.(13) Financial literacy.(14) Foster care.(15) Gun violence.(16) Health care.(17) Homelessness.(18) Housing and transportation.(19) Immigration and undocumented youth.(20) Juvenile justice.(21) Labor and jobs.(22) LGBTQ civil rights.(23) Mental health.(24) Poverty.(25) Racial, economic, and gender equity.(26) Reproductive justice.(27) Safety.(28) Social media and networking.(29) Substance abuse and vaping.(30) Youth development.(31) Any other policy or fiscal issues deemed appropriate by the commission.(c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth.(d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video.(e) On or before May 30, 2025, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795. |
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| 608 | 619 | | |
|---|
| 609 | 620 | | 8272. The commission shall do the following:(a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California.(b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following:(1) Achievement gap.(2) Behavioral and physical health.(3) Bullying.(4) Career preparation.(5) Child welfare.(6) Child and sexual abuse.(7) Civic engagement.(8) Climate crisis.(9) College affordability and student loans.(10) Depression and suicide.(11) Education.(12) Employment.(13) Financial literacy.(14) Foster care.(15) Gun violence.(16) Health care.(17) Homelessness.(18) Housing and transportation.(19) Immigration and undocumented youth.(20) Juvenile justice.(21) Labor and jobs.(22) LGBTQ civil rights.(23) Mental health.(24) Poverty.(25) Racial, economic, and gender equity.(26) Reproductive justice.(27) Safety.(28) Social media and networking.(29) Substance abuse and vaping.(30) Youth development.(31) Any other policy or fiscal issues deemed appropriate by the commission.(c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth.(d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video.(e) On or before May 30, 2025, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795. |
|---|
| 610 | 621 | | |
|---|
| 611 | 622 | | |
|---|
| 612 | 623 | | |
|---|
| 613 | 624 | | 8272. The commission shall do the following: |
|---|
| 614 | 625 | | |
|---|
| 615 | 626 | | (a) Examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California. |
|---|
| 616 | 627 | | |
|---|
| 617 | 628 | | (b) Formally advise and make recommendations to the Legislature, Superintendent of Public Instruction, and Governor on specific legislative and fiscal issues affecting youth, such as the following: |
|---|
| 618 | 629 | | |
|---|
| 619 | 630 | | (1) Achievement gap. |
|---|
| 620 | 631 | | |
|---|
| 621 | 632 | | (2) Behavioral and physical health. |
|---|
| 622 | 633 | | |
|---|
| 623 | 634 | | (3) Bullying. |
|---|
| 624 | 635 | | |
|---|
| 625 | 636 | | (4) Career preparation. |
|---|
| 626 | 637 | | |
|---|
| 627 | 638 | | (5) Child welfare. |
|---|
| 628 | 639 | | |
|---|
| 629 | 640 | | (6) Child and sexual abuse. |
|---|
| 630 | 641 | | |
|---|
| 631 | 642 | | (7) Civic engagement. |
|---|
| 632 | 643 | | |
|---|
| 633 | 644 | | (8) Climate crisis. |
|---|
| 634 | 645 | | |
|---|
| 635 | 646 | | (9) College affordability and student loans. |
|---|
| 636 | 647 | | |
|---|
| 637 | 648 | | (10) Depression and suicide. |
|---|
| 638 | 649 | | |
|---|
| 639 | 650 | | (11) Education. |
|---|
| 640 | 651 | | |
|---|
| 641 | 652 | | (12) Employment. |
|---|
| 642 | 653 | | |
|---|
| 643 | 654 | | (13) Financial literacy. |
|---|
| 644 | 655 | | |
|---|
| 645 | 656 | | (14) Foster care. |
|---|
| 646 | 657 | | |
|---|
| 647 | 658 | | (15) Gun violence. |
|---|
| 648 | 659 | | |
|---|
| 649 | 660 | | (16) Health care. |
|---|
| 650 | 661 | | |
|---|
| 651 | 662 | | (17) Homelessness. |
|---|
| 652 | 663 | | |
|---|
| 653 | 664 | | (18) Housing and transportation. |
|---|
| 654 | 665 | | |
|---|
| 655 | 666 | | (19) Immigration and undocumented youth. |
|---|
| 656 | 667 | | |
|---|
| 657 | 668 | | (20) Juvenile justice. |
|---|
| 658 | 669 | | |
|---|
| 659 | 670 | | (21) Labor and jobs. |
|---|
| 660 | 671 | | |
|---|
| 661 | 672 | | (22) LGBTQ civil rights. |
|---|
| 662 | 673 | | |
|---|
| 663 | 674 | | (23) Mental health. |
|---|
| 664 | 675 | | |
|---|
| 665 | 676 | | (24) Poverty. |
|---|
| 666 | 677 | | |
|---|
| 667 | 678 | | (25) Racial, economic, and gender equity. |
|---|
| 668 | 679 | | |
|---|
| 669 | 680 | | (26) Reproductive justice. |
|---|
| 670 | 681 | | |
|---|
| 671 | 682 | | (27) Safety. |
|---|
| 672 | 683 | | |
|---|
| 673 | 684 | | (28) Social media and networking. |
|---|
| 674 | 685 | | |
|---|
| 675 | 686 | | (29) Substance abuse and vaping. |
|---|
| 676 | 687 | | |
|---|
| 677 | 688 | | (30) Youth development. |
|---|
| 678 | 689 | | |
|---|
| 679 | 690 | | (31) Any other policy or fiscal issues deemed appropriate by the commission. |
|---|
| 680 | 691 | | |
|---|
| 681 | 692 | | (c) Consult with any existing local-level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth. |
|---|
| 682 | 693 | | |
|---|
| 683 | 694 | | (d) Publish an internet website to report details relevant to the commission for the public to view, including, but not limited to, commission agendas, minutes, resolutions, vote counts, initiatives, commissioner information, photos, and video. |
|---|
| 684 | 695 | | |
|---|
| 685 | 696 | | (e) On or before May 30, 2025, and annually thereafter, publish an annual report to the Legislature, Superintendent of Public Instruction, Secretary of California Health and Human Services, and Governor detailing the activities, issues, demographics, budget, and outcomes of the commission. The commission shall submit the report to the Legislature required by this subdivision in compliance with Section 9795. |
|---|
| 686 | 697 | | |
|---|
| 687 | 698 | | SEC. 7. Section 8274 of the Government Code is amended to read:8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following:(a) Assist the commission in carrying out its work.(b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated.(c) Be responsible for the management and administration of the commission staff.(d) Perform other duties as directed by the commission. |
|---|
| 688 | 699 | | |
|---|
| 689 | 700 | | SEC. 7. Section 8274 of the Government Code is amended to read: |
|---|
| 690 | 701 | | |
|---|
| 691 | 702 | | ### SEC. 7. |
|---|
| 692 | 703 | | |
|---|
| 693 | 704 | | 8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following:(a) Assist the commission in carrying out its work.(b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated.(c) Be responsible for the management and administration of the commission staff.(d) Perform other duties as directed by the commission. |
|---|
| 694 | 705 | | |
|---|
| 695 | 706 | | 8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following:(a) Assist the commission in carrying out its work.(b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated.(c) Be responsible for the management and administration of the commission staff.(d) Perform other duties as directed by the commission. |
|---|
| 696 | 707 | | |
|---|
| 697 | 708 | | 8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following:(a) Assist the commission in carrying out its work.(b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated.(c) Be responsible for the management and administration of the commission staff.(d) Perform other duties as directed by the commission. |
|---|
| 698 | 709 | | |
|---|
| 699 | 710 | | |
|---|
| 700 | 711 | | |
|---|
| 701 | 712 | | 8274. The Governor shall appoint an executive director of the California Youth Empowerment Commission. The executive director shall do all of the following: |
|---|
| 702 | 713 | | |
|---|
| 703 | 714 | | (a) Assist the commission in carrying out its work. |
|---|
| 704 | 715 | | |
|---|
| 705 | 716 | | (b) Be responsible for the hiring of commission staff, who shall assist the executive director with their duties as outlined in this chapter as delegated. |
|---|
| 706 | 717 | | |
|---|
| 707 | 718 | | (c) Be responsible for the management and administration of the commission staff. |
|---|
| 708 | 719 | | |
|---|
| 709 | 720 | | (d) Perform other duties as directed by the commission. |
|---|
| 710 | 721 | | |
|---|
| 711 | 722 | | SEC. 8. Section 8275 of the Government Code is amended to read:8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter.(b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission.(c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commissions dependence on state funding.(d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission.(e) This chapter shall be implemented upon appropriation by the Legislature. |
|---|
| 712 | 723 | | |
|---|
| 713 | 724 | | SEC. 8. Section 8275 of the Government Code is amended to read: |
|---|
| 714 | 725 | | |
|---|
| 715 | 726 | | ### SEC. 8. |
|---|
| 716 | 727 | | |
|---|
| 717 | 728 | | 8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter.(b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission.(c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commissions dependence on state funding.(d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission.(e) This chapter shall be implemented upon appropriation by the Legislature. |
|---|
| 718 | 729 | | |
|---|
| 719 | 730 | | 8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter.(b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission.(c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commissions dependence on state funding.(d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission.(e) This chapter shall be implemented upon appropriation by the Legislature. |
|---|
| 720 | 731 | | |
|---|
| 721 | 732 | | 8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter.(b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission.(c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commissions dependence on state funding.(d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission.(e) This chapter shall be implemented upon appropriation by the Legislature. |
|---|
| 722 | 733 | | |
|---|
| 723 | 734 | | |
|---|
| 724 | 735 | | |
|---|
| 725 | 736 | | 8275. (a) The commission may accept gifts and grants from any source, public or private, to help perform its functions pursuant to this chapter. |
|---|
| 726 | 737 | | |
|---|
| 727 | 738 | | (b) The commission may seek out funding and in-kind contributions from foundations, nonprofit organizations, public and private entities, and other individuals or groups in order to carry out the work of the commission. |
|---|
| 728 | 739 | | |
|---|
| 729 | 740 | | (c) The commission shall develop a strategy to attract financial support from private donors in order to reduce the commissions dependence on state funding. |
|---|
| 730 | 741 | | |
|---|
| 731 | 742 | | (d) There is hereby created in the State Treasury the Youth Empowerment Commission Fund in support of the commission, which shall be administered by the executive director. Moneys deposited in the account may be expended, upon appropriation by the Legislature, to carry out the duties of the commission. |
|---|
| 732 | 743 | | |
|---|
| 733 | 744 | | (e) This chapter shall be implemented upon appropriation by the Legislature. |
|---|
| 734 | 745 | | |
|---|
| 735 | 746 | | SEC. 9. Section 8276 of the Government Code is amended to read:8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. |
|---|
| 736 | 747 | | |
|---|
| 737 | 748 | | SEC. 9. Section 8276 of the Government Code is amended to read: |
|---|
| 738 | 749 | | |
|---|
| 739 | 750 | | ### SEC. 9. |
|---|
| 740 | 751 | | |
|---|
| 741 | 752 | | 8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. |
|---|
| 742 | 753 | | |
|---|
| 743 | 754 | | 8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. |
|---|
| 744 | 755 | | |
|---|
| 745 | 756 | | 8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. |
|---|
| 746 | 757 | | |
|---|
| 747 | 758 | | |
|---|
| 748 | 759 | | |
|---|
| 749 | 760 | | 8276. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. |
|---|
| 750 | 761 | | |
|---|
| 751 | 762 | | SEC. 10. Chapter 4.6 (commencing with Section 8303) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 4.6. Racial Equity Commission8303. As used in this chapter:(a) Commission means the Racial Equity Commission established pursuant to Section 8303.1.(b) Racial equity means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups.(c) Structural racism means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups.8303.1. (a) There is established in state government a Racial Equity Commission, within the Office of Planning and Research.(b) The commission shall consist of 11 members who are residents of California. Of the members of the commission, seven members shall be appointed by the Governor, two shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Speaker of the Assembly.(c) Members of the commission shall be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment.(d) (1) A person appointed to the commission shall have demonstrated expertise and meet criteria in at least one of the following areas:(A) Analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities.(B) Developing or using data or budget equity assessment tools.(C) Providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes.(D) Be a member of, or represent an equity-focused organization who works with, an impacted community whose lived experience will inform the work of the office, including, but not limited to, members of the disability, immigrant, womens, and LGBTQ communities.(2) Appointing authorities shall consider the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of the state so that the commission reflects the communities of California.(3) Commission members shall serve without compensation, but they may be reimbursed for actual, preapproved expenses incurred in connection with their duties.(e) The commission shall be staffed by the Office of Planning and Research.(f) The commission shall have all of the following powers and authority:(1) To hold hearings, make and sign agreements, and to perform acts necessary to carry out the purposes of this chapter.(2) (A) To engage with advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for projects of the commission.(B) Section 11009 applies to advisers or advisory committees described in this paragraph.(3) To accept any federal funds granted by act of Congress or by executive order for the purposes of this chapter.(4) To accept any gifts, donations, grants, or bequests for the purposes of this chapter.8303.3. (a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following:(1) (A) In consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The final Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April 1, 2025, and posted to the commissions internet website.(B) The Racial Equity Framework shall set forth all of the following:(i) Methodologies and tools that can be employed to advance racial equity and address structural racism in California.(ii) Budget methodologies, including equity assessment tools, that entities can use to analyze how budget allocations benefit or burden communities of color.(iii) Processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including disaggregation by race, ethnicity, sexual orientation and gender identity, disability, income, veteran status, or other key demographic variables and the use of proxies.(iv) Input and feedback from stakeholder engagements.(2) Upon request by an agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework.(3) Engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commissions work, as described.(4) Engage, collaborate, and consult with policy experts in order to conduct analyses and develop tools, including building on and collaborating with existing bodies, as appropriate.(5) Promote the ongoing, equitable delivery of benefits and opportunities by doing both of the following:(A) Upon request, providing technical assistance to local government entities engaging in racial equity programming.(B) Encouraging the formation and implementation of racial equity initiatives in local government entities, including cities and counties.(b) (1) The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity. The report shall be submitted, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature and shall be posted publicly on the internet website of the commission.(2) A report submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795.8303.5. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) This chapter shall become inoperative on January 1, 2030, and as of that date is repealed. |
|---|
| 752 | 763 | | |
|---|
| 753 | 764 | | SEC. 10. Chapter 4.6 (commencing with Section 8303) is added to Division 1 of Title 2 of the Government Code, to read: |
|---|
| 754 | 765 | | |
|---|
| 755 | 766 | | ### SEC. 10. |
|---|
| 756 | 767 | | |
|---|
| 757 | 768 | | CHAPTER 4.6. Racial Equity Commission8303. As used in this chapter:(a) Commission means the Racial Equity Commission established pursuant to Section 8303.1.(b) Racial equity means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups.(c) Structural racism means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups.8303.1. (a) There is established in state government a Racial Equity Commission, within the Office of Planning and Research.(b) The commission shall consist of 11 members who are residents of California. Of the members of the commission, seven members shall be appointed by the Governor, two shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Speaker of the Assembly.(c) Members of the commission shall be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment.(d) (1) A person appointed to the commission shall have demonstrated expertise and meet criteria in at least one of the following areas:(A) Analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities.(B) Developing or using data or budget equity assessment tools.(C) Providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes.(D) Be a member of, or represent an equity-focused organization who works with, an impacted community whose lived experience will inform the work of the office, including, but not limited to, members of the disability, immigrant, womens, and LGBTQ communities.(2) Appointing authorities shall consider the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of the state so that the commission reflects the communities of California.(3) Commission members shall serve without compensation, but they may be reimbursed for actual, preapproved expenses incurred in connection with their duties.(e) The commission shall be staffed by the Office of Planning and Research.(f) The commission shall have all of the following powers and authority:(1) To hold hearings, make and sign agreements, and to perform acts necessary to carry out the purposes of this chapter.(2) (A) To engage with advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for projects of the commission.(B) Section 11009 applies to advisers or advisory committees described in this paragraph.(3) To accept any federal funds granted by act of Congress or by executive order for the purposes of this chapter.(4) To accept any gifts, donations, grants, or bequests for the purposes of this chapter.8303.3. (a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following:(1) (A) In consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The final Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April 1, 2025, and posted to the commissions internet website.(B) The Racial Equity Framework shall set forth all of the following:(i) Methodologies and tools that can be employed to advance racial equity and address structural racism in California.(ii) Budget methodologies, including equity assessment tools, that entities can use to analyze how budget allocations benefit or burden communities of color.(iii) Processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including disaggregation by race, ethnicity, sexual orientation and gender identity, disability, income, veteran status, or other key demographic variables and the use of proxies.(iv) Input and feedback from stakeholder engagements.(2) Upon request by an agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework.(3) Engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commissions work, as described.(4) Engage, collaborate, and consult with policy experts in order to conduct analyses and develop tools, including building on and collaborating with existing bodies, as appropriate.(5) Promote the ongoing, equitable delivery of benefits and opportunities by doing both of the following:(A) Upon request, providing technical assistance to local government entities engaging in racial equity programming.(B) Encouraging the formation and implementation of racial equity initiatives in local government entities, including cities and counties.(b) (1) The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity. The report shall be submitted, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature and shall be posted publicly on the internet website of the commission.(2) A report submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795.8303.5. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) This chapter shall become inoperative on January 1, 2030, and as of that date is repealed. |
|---|
| 758 | 769 | | |
|---|
| 759 | 770 | | CHAPTER 4.6. Racial Equity Commission8303. As used in this chapter:(a) Commission means the Racial Equity Commission established pursuant to Section 8303.1.(b) Racial equity means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups.(c) Structural racism means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups.8303.1. (a) There is established in state government a Racial Equity Commission, within the Office of Planning and Research.(b) The commission shall consist of 11 members who are residents of California. Of the members of the commission, seven members shall be appointed by the Governor, two shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Speaker of the Assembly.(c) Members of the commission shall be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment.(d) (1) A person appointed to the commission shall have demonstrated expertise and meet criteria in at least one of the following areas:(A) Analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities.(B) Developing or using data or budget equity assessment tools.(C) Providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes.(D) Be a member of, or represent an equity-focused organization who works with, an impacted community whose lived experience will inform the work of the office, including, but not limited to, members of the disability, immigrant, womens, and LGBTQ communities.(2) Appointing authorities shall consider the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of the state so that the commission reflects the communities of California.(3) Commission members shall serve without compensation, but they may be reimbursed for actual, preapproved expenses incurred in connection with their duties.(e) The commission shall be staffed by the Office of Planning and Research.(f) The commission shall have all of the following powers and authority:(1) To hold hearings, make and sign agreements, and to perform acts necessary to carry out the purposes of this chapter.(2) (A) To engage with advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for projects of the commission.(B) Section 11009 applies to advisers or advisory committees described in this paragraph.(3) To accept any federal funds granted by act of Congress or by executive order for the purposes of this chapter.(4) To accept any gifts, donations, grants, or bequests for the purposes of this chapter.8303.3. (a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following:(1) (A) In consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The final Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April 1, 2025, and posted to the commissions internet website.(B) The Racial Equity Framework shall set forth all of the following:(i) Methodologies and tools that can be employed to advance racial equity and address structural racism in California.(ii) Budget methodologies, including equity assessment tools, that entities can use to analyze how budget allocations benefit or burden communities of color.(iii) Processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including disaggregation by race, ethnicity, sexual orientation and gender identity, disability, income, veteran status, or other key demographic variables and the use of proxies.(iv) Input and feedback from stakeholder engagements.(2) Upon request by an agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework.(3) Engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commissions work, as described.(4) Engage, collaborate, and consult with policy experts in order to conduct analyses and develop tools, including building on and collaborating with existing bodies, as appropriate.(5) Promote the ongoing, equitable delivery of benefits and opportunities by doing both of the following:(A) Upon request, providing technical assistance to local government entities engaging in racial equity programming.(B) Encouraging the formation and implementation of racial equity initiatives in local government entities, including cities and counties.(b) (1) The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity. The report shall be submitted, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature and shall be posted publicly on the internet website of the commission.(2) A report submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795.8303.5. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) This chapter shall become inoperative on January 1, 2030, and as of that date is repealed. |
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| 760 | 771 | | |
|---|
| 761 | 772 | | CHAPTER 4.6. Racial Equity Commission |
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| 762 | 773 | | |
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| 763 | 774 | | CHAPTER 4.6. Racial Equity Commission |
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| 764 | 775 | | |
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| 765 | 776 | | 8303. As used in this chapter:(a) Commission means the Racial Equity Commission established pursuant to Section 8303.1.(b) Racial equity means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups.(c) Structural racism means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups. |
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| 766 | 777 | | |
|---|
| 767 | 778 | | |
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| 768 | 779 | | |
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| 769 | 780 | | 8303. As used in this chapter: |
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| 770 | 781 | | |
|---|
| 771 | 782 | | (a) Commission means the Racial Equity Commission established pursuant to Section 8303.1. |
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| 772 | 783 | | |
|---|
| 773 | 784 | | (b) Racial equity means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups. |
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| 774 | 785 | | |
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| 775 | 786 | | (c) Structural racism means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups. |
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| 776 | 787 | | |
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| 777 | 788 | | 8303.1. (a) There is established in state government a Racial Equity Commission, within the Office of Planning and Research.(b) The commission shall consist of 11 members who are residents of California. Of the members of the commission, seven members shall be appointed by the Governor, two shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Speaker of the Assembly.(c) Members of the commission shall be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment.(d) (1) A person appointed to the commission shall have demonstrated expertise and meet criteria in at least one of the following areas:(A) Analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities.(B) Developing or using data or budget equity assessment tools.(C) Providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes.(D) Be a member of, or represent an equity-focused organization who works with, an impacted community whose lived experience will inform the work of the office, including, but not limited to, members of the disability, immigrant, womens, and LGBTQ communities.(2) Appointing authorities shall consider the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of the state so that the commission reflects the communities of California.(3) Commission members shall serve without compensation, but they may be reimbursed for actual, preapproved expenses incurred in connection with their duties.(e) The commission shall be staffed by the Office of Planning and Research.(f) The commission shall have all of the following powers and authority:(1) To hold hearings, make and sign agreements, and to perform acts necessary to carry out the purposes of this chapter.(2) (A) To engage with advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for projects of the commission.(B) Section 11009 applies to advisers or advisory committees described in this paragraph.(3) To accept any federal funds granted by act of Congress or by executive order for the purposes of this chapter.(4) To accept any gifts, donations, grants, or bequests for the purposes of this chapter. |
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| 778 | 789 | | |
|---|
| 779 | 790 | | |
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| 780 | 791 | | |
|---|
| 781 | 792 | | 8303.1. (a) There is established in state government a Racial Equity Commission, within the Office of Planning and Research. |
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| 782 | 793 | | |
|---|
| 783 | 794 | | (b) The commission shall consist of 11 members who are residents of California. Of the members of the commission, seven members shall be appointed by the Governor, two shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Speaker of the Assembly. |
|---|
| 784 | 795 | | |
|---|
| 785 | 796 | | (c) Members of the commission shall be appointed for a term of two years. Vacancies shall be filled in the same manner that provided for the original appointment. |
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| 786 | 797 | | |
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| 787 | 798 | | (d) (1) A person appointed to the commission shall have demonstrated expertise and meet criteria in at least one of the following areas: |
|---|
| 788 | 799 | | |
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| 789 | 800 | | (A) Analyzing, implementing, or developing public policies that impact racial equity as it relates to at least one of the following areas: broadband, climate change, disability rights, education, food insecurity, housing, immigration, land use, employment, environment, economic security, public health, health care, wealth, policing, criminal justice, transportation, youth leadership, agriculture, the wealth gap, entrepreneurship, arts and culture, voting rights, and public safety that may have an impact on racial equity or racial disparities. |
|---|
| 790 | 801 | | |
|---|
| 791 | 802 | | (B) Developing or using data or budget equity assessment tools. |
|---|
| 792 | 803 | | |
|---|
| 793 | 804 | | (C) Providing technical assistance in developing and implementing strategies for racial equity, including, but not limited to, guidance on employee training and support, development of racial equity programming, and assistance to organizations and departments on changing policies and practices to improve racial equity outcomes. |
|---|
| 794 | 805 | | |
|---|
| 795 | 806 | | (D) Be a member of, or represent an equity-focused organization who works with, an impacted community whose lived experience will inform the work of the office, including, but not limited to, members of the disability, immigrant, womens, and LGBTQ communities. |
|---|
| 796 | 807 | | |
|---|
| 797 | 808 | | (2) Appointing authorities shall consider the expertise of the other members of the commission and make appointments that reflect the cultural, ethnic, racial, linguistic, sexual orientation, gender identity, immigrant experience, socioeconomic, age, disability, and geographical diversity of the state so that the commission reflects the communities of California. |
|---|
| 798 | 809 | | |
|---|
| 799 | 810 | | (3) Commission members shall serve without compensation, but they may be reimbursed for actual, preapproved expenses incurred in connection with their duties. |
|---|
| 800 | 811 | | |
|---|
| 801 | 812 | | (e) The commission shall be staffed by the Office of Planning and Research. |
|---|
| 802 | 813 | | |
|---|
| 803 | 814 | | (f) The commission shall have all of the following powers and authority: |
|---|
| 804 | 815 | | |
|---|
| 805 | 816 | | (1) To hold hearings, make and sign agreements, and to perform acts necessary to carry out the purposes of this chapter. |
|---|
| 806 | 817 | | |
|---|
| 807 | 818 | | (2) (A) To engage with advisers or advisory committees from time to time when the commission determines that the experience or expertise of advisers or advisory committees is needed for projects of the commission. |
|---|
| 808 | 819 | | |
|---|
| 809 | 820 | | (B) Section 11009 applies to advisers or advisory committees described in this paragraph. |
|---|
| 810 | 821 | | |
|---|
| 811 | 822 | | (3) To accept any federal funds granted by act of Congress or by executive order for the purposes of this chapter. |
|---|
| 812 | 823 | | |
|---|
| 813 | 824 | | (4) To accept any gifts, donations, grants, or bequests for the purposes of this chapter. |
|---|
| 814 | 825 | | |
|---|
| 815 | 826 | | 8303.3. (a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following:(1) (A) In consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The final Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April 1, 2025, and posted to the commissions internet website.(B) The Racial Equity Framework shall set forth all of the following:(i) Methodologies and tools that can be employed to advance racial equity and address structural racism in California.(ii) Budget methodologies, including equity assessment tools, that entities can use to analyze how budget allocations benefit or burden communities of color.(iii) Processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including disaggregation by race, ethnicity, sexual orientation and gender identity, disability, income, veteran status, or other key demographic variables and the use of proxies.(iv) Input and feedback from stakeholder engagements.(2) Upon request by an agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework.(3) Engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commissions work, as described.(4) Engage, collaborate, and consult with policy experts in order to conduct analyses and develop tools, including building on and collaborating with existing bodies, as appropriate.(5) Promote the ongoing, equitable delivery of benefits and opportunities by doing both of the following:(A) Upon request, providing technical assistance to local government entities engaging in racial equity programming.(B) Encouraging the formation and implementation of racial equity initiatives in local government entities, including cities and counties.(b) (1) The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity. The report shall be submitted, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature and shall be posted publicly on the internet website of the commission.(2) A report submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795. |
|---|
| 816 | 827 | | |
|---|
| 817 | 828 | | |
|---|
| 818 | 829 | | |
|---|
| 819 | 830 | | 8303.3. (a) The commission shall develop resources, best practices, and tools for advancing racial equity, based upon publicly available information and data, by doing all of the following: |
|---|
| 820 | 831 | | |
|---|
| 821 | 832 | | (1) (A) In consultation with private and public stakeholders, as appropriate, develop a statewide Racial Equity Framework. The final Racial Equity Framework shall be approved by the commission, submitted to the Governor and the Legislature on or after December 1, 2024, but no later than April 1, 2025, and posted to the commissions internet website. |
|---|
| 822 | 833 | | |
|---|
| 823 | 834 | | (B) The Racial Equity Framework shall set forth all of the following: |
|---|
| 824 | 835 | | |
|---|
| 825 | 836 | | (i) Methodologies and tools that can be employed to advance racial equity and address structural racism in California. |
|---|
| 826 | 837 | | |
|---|
| 827 | 838 | | (ii) Budget methodologies, including equity assessment tools, that entities can use to analyze how budget allocations benefit or burden communities of color. |
|---|
| 828 | 839 | | |
|---|
| 829 | 840 | | (iii) Processes for collecting and analyzing data effectively and safely, as appropriate and practicable, including disaggregation by race, ethnicity, sexual orientation and gender identity, disability, income, veteran status, or other key demographic variables and the use of proxies. |
|---|
| 830 | 841 | | |
|---|
| 831 | 842 | | (iv) Input and feedback from stakeholder engagements. |
|---|
| 832 | 843 | | |
|---|
| 833 | 844 | | (2) Upon request by an agency, provide technical assistance on implementing strategies for racial equity consistent with the Racial Equity Framework. |
|---|
| 834 | 845 | | |
|---|
| 835 | 846 | | (3) Engage stakeholders and community members, including by holding quarterly stakeholder meetings, to seek input on the commissions work, as described. |
|---|
| 836 | 847 | | |
|---|
| 837 | 848 | | (4) Engage, collaborate, and consult with policy experts in order to conduct analyses and develop tools, including building on and collaborating with existing bodies, as appropriate. |
|---|
| 838 | 849 | | |
|---|
| 839 | 850 | | (5) Promote the ongoing, equitable delivery of benefits and opportunities by doing both of the following: |
|---|
| 840 | 851 | | |
|---|
| 841 | 852 | | (A) Upon request, providing technical assistance to local government entities engaging in racial equity programming. |
|---|
| 842 | 853 | | |
|---|
| 843 | 854 | | (B) Encouraging the formation and implementation of racial equity initiatives in local government entities, including cities and counties. |
|---|
| 844 | 855 | | |
|---|
| 845 | 856 | | (b) (1) The commission shall prepare an annual report that summarizes feedback from public engagement with communities of color, provides data on racial inequities and disparities in the state, and recommends best practices on tools, methodologies, and opportunities to advance racial equity. The report shall be submitted, on or after December 1, 2025, and no later than April 1, 2026, and annually thereafter, to the Governor and the Legislature and shall be posted publicly on the internet website of the commission. |
|---|
| 846 | 857 | | |
|---|
| 847 | 858 | | (2) A report submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795. |
|---|
| 848 | 859 | | |
|---|
| 849 | 860 | | 8303.5. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) This chapter shall become inoperative on January 1, 2030, and as of that date is repealed. |
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| 850 | 861 | | |
|---|
| 851 | 862 | | |
|---|
| 852 | 863 | | |
|---|
| 853 | 864 | | 8303.5. (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
|---|
| 854 | 865 | | |
|---|
| 855 | 866 | | (b) This chapter shall become inoperative on January 1, 2030, and as of that date is repealed. |
|---|
| 856 | 867 | | |
|---|
| 857 | 868 | | SEC. 11. Section 8654.2 of the Government Code, as added by Section 1 of Chapter 3 of the Statutes of 2022, is amended and renumbered to read:8654.1.5. (a) There is hereby created the California Emergency Relief Fund as a special fund in the State Treasury. This fund is established to provide emergency resources or relief relating to state of emergency declarations by the Governor.(b) The Department of Finance may transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(c) The sum of one hundred fifty million dollars ($150,000,000) is hereby transferred from the General Fund to the California Emergency Relief Fund for purposes relating to the COVID-19 emergency proclaimed by the Governor on March 4, 2020.(d) For the purposes of providing emergency relief to small business impacted by the COVID-19 pandemic, one hundred fifty million dollars ($150,000,000) from the California Emergency Relief Fund is appropriated to the Office of Small Business Advocate within the Governors Office of Business and Economic Development for a closed round to fund small business grant applications waitlisted from previous rounds of the California Small Business COVID-19 Relief Grant Program (Article 8 (commencing with Section 12100.80) of Chapter 1.6 of Part 2 of Division 3). |
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| 858 | 869 | | |
|---|
| 859 | 870 | | SEC. 11. Section 8654.2 of the Government Code, as added by Section 1 of Chapter 3 of the Statutes of 2022, is amended and renumbered to read: |
|---|
| 860 | 871 | | |
|---|
| 861 | 872 | | ### SEC. 11. |
|---|
| 862 | 873 | | |
|---|
| 863 | 874 | | 8654.1.5. (a) There is hereby created the California Emergency Relief Fund as a special fund in the State Treasury. This fund is established to provide emergency resources or relief relating to state of emergency declarations by the Governor.(b) The Department of Finance may transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(c) The sum of one hundred fifty million dollars ($150,000,000) is hereby transferred from the General Fund to the California Emergency Relief Fund for purposes relating to the COVID-19 emergency proclaimed by the Governor on March 4, 2020.(d) For the purposes of providing emergency relief to small business impacted by the COVID-19 pandemic, one hundred fifty million dollars ($150,000,000) from the California Emergency Relief Fund is appropriated to the Office of Small Business Advocate within the Governors Office of Business and Economic Development for a closed round to fund small business grant applications waitlisted from previous rounds of the California Small Business COVID-19 Relief Grant Program (Article 8 (commencing with Section 12100.80) of Chapter 1.6 of Part 2 of Division 3). |
|---|
| 864 | 875 | | |
|---|
| 865 | 876 | | 8654.1.5. (a) There is hereby created the California Emergency Relief Fund as a special fund in the State Treasury. This fund is established to provide emergency resources or relief relating to state of emergency declarations by the Governor.(b) The Department of Finance may transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(c) The sum of one hundred fifty million dollars ($150,000,000) is hereby transferred from the General Fund to the California Emergency Relief Fund for purposes relating to the COVID-19 emergency proclaimed by the Governor on March 4, 2020.(d) For the purposes of providing emergency relief to small business impacted by the COVID-19 pandemic, one hundred fifty million dollars ($150,000,000) from the California Emergency Relief Fund is appropriated to the Office of Small Business Advocate within the Governors Office of Business and Economic Development for a closed round to fund small business grant applications waitlisted from previous rounds of the California Small Business COVID-19 Relief Grant Program (Article 8 (commencing with Section 12100.80) of Chapter 1.6 of Part 2 of Division 3). |
|---|
| 866 | 877 | | |
|---|
| 867 | 878 | | 8654.1.5. (a) There is hereby created the California Emergency Relief Fund as a special fund in the State Treasury. This fund is established to provide emergency resources or relief relating to state of emergency declarations by the Governor.(b) The Department of Finance may transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired.(c) The sum of one hundred fifty million dollars ($150,000,000) is hereby transferred from the General Fund to the California Emergency Relief Fund for purposes relating to the COVID-19 emergency proclaimed by the Governor on March 4, 2020.(d) For the purposes of providing emergency relief to small business impacted by the COVID-19 pandemic, one hundred fifty million dollars ($150,000,000) from the California Emergency Relief Fund is appropriated to the Office of Small Business Advocate within the Governors Office of Business and Economic Development for a closed round to fund small business grant applications waitlisted from previous rounds of the California Small Business COVID-19 Relief Grant Program (Article 8 (commencing with Section 12100.80) of Chapter 1.6 of Part 2 of Division 3). |
|---|
| 868 | 879 | | |
|---|
| 869 | 880 | | |
|---|
| 870 | 881 | | |
|---|
| 871 | 882 | | 8654.1.5. (a) There is hereby created the California Emergency Relief Fund as a special fund in the State Treasury. This fund is established to provide emergency resources or relief relating to state of emergency declarations by the Governor. |
|---|
| 872 | 883 | | |
|---|
| 873 | 884 | | (b) The Department of Finance may transfer to the General Fund any unencumbered balance in the California Emergency Relief Fund of any appropriation for which the encumbrance period has expired. |
|---|
| 874 | 885 | | |
|---|
| 875 | 886 | | (c) The sum of one hundred fifty million dollars ($150,000,000) is hereby transferred from the General Fund to the California Emergency Relief Fund for purposes relating to the COVID-19 emergency proclaimed by the Governor on March 4, 2020. |
|---|
| 876 | 887 | | |
|---|
| 877 | 888 | | (d) For the purposes of providing emergency relief to small business impacted by the COVID-19 pandemic, one hundred fifty million dollars ($150,000,000) from the California Emergency Relief Fund is appropriated to the Office of Small Business Advocate within the Governors Office of Business and Economic Development for a closed round to fund small business grant applications waitlisted from previous rounds of the California Small Business COVID-19 Relief Grant Program (Article 8 (commencing with Section 12100.80) of Chapter 1.6 of Part 2 of Division 3). |
|---|
| 878 | 889 | | |
|---|
| 879 | 890 | | SEC. 12. Chapter 9.4 (commencing with Section 8759) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 9.4. California Creative Economy Workgroup8759. For purposes of this chapter, the following definitions apply:(a) Council means the Arts Council, as described in Section 8751.(b) Director means the director of the Arts Council, as described in Section 8754.(c) Workgroup means the California Creative Economy Workgroup.8759.1. (a) (1) The council shall establish the California Creative Economy Workgroup, upon appropriation by the Legislature, to develop a strategic plan for the California creative economy, with members as provided in this section.(2) Funds appropriated by the Legislature pursuant to this chapter shall be available for expenditure until July 1, 2025.(b) The director, or their designee, shall serve as chair of the workgroup.(c) The director, or their designee, shall invite the following entities to formally participate in the workgroup:(1) A county representative identified by the California State Association of Counties with experience in county arts and cultural affairs.(2) A city representative identified by the League of California Cities with experience in city arts and cultural affairs.(3) Five representatives from the California arts community, including, but not limited to, the following sectors:(A) Film, television, and video production.(B) Recorded audio and music production.(C) Animation production.(D) Video game development.(E) Live theater, orchestra, ballet, and opera.(F) Live music performance.(G) Visual arts, including sculpture, painting, graphic design, and photography.(H) Production facilities, including film and television studios.(I) Live music or performing arts venues.(4) A representative from a California public institution of higher education or nonprofit research institution with experience in matters involving small businesses or cultural arts, or both.(5) The Director of the Governors Office of Business and Economic Development, or their designee.(6) The Secretary of Labor and Workforce Development, or their designee.(7) Two ex officio, nonvoting members, who shall be Members of the Assembly and be appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the Speaker of the Assembly and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(8) Two ex officio, nonvoting members, who shall be Senators and be appointed by the Senate Rules Committee. These members shall serve at the pleasure of the Senate Rules Committee and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(9) A representative of a federally recognized Indian tribe.(10) Any other state agency representatives or stakeholder group representatives, at the discretion of the director or their designee.8759.2. The workgroup shall do all of the following:(a) Collect and analyze data on the state of the California creative economy.(b) (1) Develop a strategic plan to improve the competitiveness of the California creative economy with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan shall be structured to roll out in incremental phases to support the creative economy at large, including specific strategies to reach historically marginalized communities, and incorporate the diverse interests, strengths, and needs of Californians.(2) In developing the strategic plan for the California creative economy, the workgroup shall do all of the following:(A) Identify existing studies of aspects affecting the creative economy, including, but not limited to, studies relating to tax issues, legislation, finance, population and demographics, and employment.(B) Conduct a comparative analysis with other jurisdictions, including other states, that have successfully developed creative economy plans and programs.(C) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Californias creative economy.(D) Evaluate existing state and county tax incentives, grant programs, and government initiatives to make recommendations for improvements to support the creative economy.(E) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy.(F) Identify geographic areas with the least amount of access or opportunity for a creative economy.(G) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.(H) Identify opportunities for earn and learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated interest in creative work in their communities.(I) Identify existing initiatives and projects that can be used as models for earn and learn opportunities or as examples of best practices that can be replicated statewide or in different regions.(c) (1) Notwithstanding Section 10231.5, publish a report detailing the findings and recommendations of the workgroup on the councils internet website, and submit the report to the appropriate committees of the Legislature by June 30, 2025.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.8759.3. (a) (1) The council may use funding, upon appropriation by the Legislature, to support the activities of the workgroup, including entering into a contract with a nonprofit organization and covering administrative expenses of the workgroup.(2) The director, or their designee, may, after issuing a request for proposals, designate a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report pursuant to Section 8759.2.(b) A nonprofit organization contracted by the council shall have experience conducting business in professional arts, or experience in business development and drafting business plans and multidisciplinary planning documents.8759.4. This chapter shall remain in effect only until July 1, 2025, and as of that date is repealed. |
|---|
| 880 | 891 | | |
|---|
| 881 | 892 | | SEC. 12. Chapter 9.4 (commencing with Section 8759) is added to Division 1 of Title 2 of the Government Code, to read: |
|---|
| 882 | 893 | | |
|---|
| 883 | 894 | | ### SEC. 12. |
|---|
| 884 | 895 | | |
|---|
| 885 | 896 | | CHAPTER 9.4. California Creative Economy Workgroup8759. For purposes of this chapter, the following definitions apply:(a) Council means the Arts Council, as described in Section 8751.(b) Director means the director of the Arts Council, as described in Section 8754.(c) Workgroup means the California Creative Economy Workgroup.8759.1. (a) (1) The council shall establish the California Creative Economy Workgroup, upon appropriation by the Legislature, to develop a strategic plan for the California creative economy, with members as provided in this section.(2) Funds appropriated by the Legislature pursuant to this chapter shall be available for expenditure until July 1, 2025.(b) The director, or their designee, shall serve as chair of the workgroup.(c) The director, or their designee, shall invite the following entities to formally participate in the workgroup:(1) A county representative identified by the California State Association of Counties with experience in county arts and cultural affairs.(2) A city representative identified by the League of California Cities with experience in city arts and cultural affairs.(3) Five representatives from the California arts community, including, but not limited to, the following sectors:(A) Film, television, and video production.(B) Recorded audio and music production.(C) Animation production.(D) Video game development.(E) Live theater, orchestra, ballet, and opera.(F) Live music performance.(G) Visual arts, including sculpture, painting, graphic design, and photography.(H) Production facilities, including film and television studios.(I) Live music or performing arts venues.(4) A representative from a California public institution of higher education or nonprofit research institution with experience in matters involving small businesses or cultural arts, or both.(5) The Director of the Governors Office of Business and Economic Development, or their designee.(6) The Secretary of Labor and Workforce Development, or their designee.(7) Two ex officio, nonvoting members, who shall be Members of the Assembly and be appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the Speaker of the Assembly and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(8) Two ex officio, nonvoting members, who shall be Senators and be appointed by the Senate Rules Committee. These members shall serve at the pleasure of the Senate Rules Committee and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(9) A representative of a federally recognized Indian tribe.(10) Any other state agency representatives or stakeholder group representatives, at the discretion of the director or their designee.8759.2. The workgroup shall do all of the following:(a) Collect and analyze data on the state of the California creative economy.(b) (1) Develop a strategic plan to improve the competitiveness of the California creative economy with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan shall be structured to roll out in incremental phases to support the creative economy at large, including specific strategies to reach historically marginalized communities, and incorporate the diverse interests, strengths, and needs of Californians.(2) In developing the strategic plan for the California creative economy, the workgroup shall do all of the following:(A) Identify existing studies of aspects affecting the creative economy, including, but not limited to, studies relating to tax issues, legislation, finance, population and demographics, and employment.(B) Conduct a comparative analysis with other jurisdictions, including other states, that have successfully developed creative economy plans and programs.(C) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Californias creative economy.(D) Evaluate existing state and county tax incentives, grant programs, and government initiatives to make recommendations for improvements to support the creative economy.(E) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy.(F) Identify geographic areas with the least amount of access or opportunity for a creative economy.(G) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.(H) Identify opportunities for earn and learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated interest in creative work in their communities.(I) Identify existing initiatives and projects that can be used as models for earn and learn opportunities or as examples of best practices that can be replicated statewide or in different regions.(c) (1) Notwithstanding Section 10231.5, publish a report detailing the findings and recommendations of the workgroup on the councils internet website, and submit the report to the appropriate committees of the Legislature by June 30, 2025.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.8759.3. (a) (1) The council may use funding, upon appropriation by the Legislature, to support the activities of the workgroup, including entering into a contract with a nonprofit organization and covering administrative expenses of the workgroup.(2) The director, or their designee, may, after issuing a request for proposals, designate a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report pursuant to Section 8759.2.(b) A nonprofit organization contracted by the council shall have experience conducting business in professional arts, or experience in business development and drafting business plans and multidisciplinary planning documents.8759.4. This chapter shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 886 | 897 | | |
|---|
| 887 | 898 | | CHAPTER 9.4. California Creative Economy Workgroup8759. For purposes of this chapter, the following definitions apply:(a) Council means the Arts Council, as described in Section 8751.(b) Director means the director of the Arts Council, as described in Section 8754.(c) Workgroup means the California Creative Economy Workgroup.8759.1. (a) (1) The council shall establish the California Creative Economy Workgroup, upon appropriation by the Legislature, to develop a strategic plan for the California creative economy, with members as provided in this section.(2) Funds appropriated by the Legislature pursuant to this chapter shall be available for expenditure until July 1, 2025.(b) The director, or their designee, shall serve as chair of the workgroup.(c) The director, or their designee, shall invite the following entities to formally participate in the workgroup:(1) A county representative identified by the California State Association of Counties with experience in county arts and cultural affairs.(2) A city representative identified by the League of California Cities with experience in city arts and cultural affairs.(3) Five representatives from the California arts community, including, but not limited to, the following sectors:(A) Film, television, and video production.(B) Recorded audio and music production.(C) Animation production.(D) Video game development.(E) Live theater, orchestra, ballet, and opera.(F) Live music performance.(G) Visual arts, including sculpture, painting, graphic design, and photography.(H) Production facilities, including film and television studios.(I) Live music or performing arts venues.(4) A representative from a California public institution of higher education or nonprofit research institution with experience in matters involving small businesses or cultural arts, or both.(5) The Director of the Governors Office of Business and Economic Development, or their designee.(6) The Secretary of Labor and Workforce Development, or their designee.(7) Two ex officio, nonvoting members, who shall be Members of the Assembly and be appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the Speaker of the Assembly and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(8) Two ex officio, nonvoting members, who shall be Senators and be appointed by the Senate Rules Committee. These members shall serve at the pleasure of the Senate Rules Committee and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(9) A representative of a federally recognized Indian tribe.(10) Any other state agency representatives or stakeholder group representatives, at the discretion of the director or their designee.8759.2. The workgroup shall do all of the following:(a) Collect and analyze data on the state of the California creative economy.(b) (1) Develop a strategic plan to improve the competitiveness of the California creative economy with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan shall be structured to roll out in incremental phases to support the creative economy at large, including specific strategies to reach historically marginalized communities, and incorporate the diverse interests, strengths, and needs of Californians.(2) In developing the strategic plan for the California creative economy, the workgroup shall do all of the following:(A) Identify existing studies of aspects affecting the creative economy, including, but not limited to, studies relating to tax issues, legislation, finance, population and demographics, and employment.(B) Conduct a comparative analysis with other jurisdictions, including other states, that have successfully developed creative economy plans and programs.(C) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Californias creative economy.(D) Evaluate existing state and county tax incentives, grant programs, and government initiatives to make recommendations for improvements to support the creative economy.(E) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy.(F) Identify geographic areas with the least amount of access or opportunity for a creative economy.(G) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.(H) Identify opportunities for earn and learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated interest in creative work in their communities.(I) Identify existing initiatives and projects that can be used as models for earn and learn opportunities or as examples of best practices that can be replicated statewide or in different regions.(c) (1) Notwithstanding Section 10231.5, publish a report detailing the findings and recommendations of the workgroup on the councils internet website, and submit the report to the appropriate committees of the Legislature by June 30, 2025.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.8759.3. (a) (1) The council may use funding, upon appropriation by the Legislature, to support the activities of the workgroup, including entering into a contract with a nonprofit organization and covering administrative expenses of the workgroup.(2) The director, or their designee, may, after issuing a request for proposals, designate a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report pursuant to Section 8759.2.(b) A nonprofit organization contracted by the council shall have experience conducting business in professional arts, or experience in business development and drafting business plans and multidisciplinary planning documents.8759.4. This chapter shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 888 | 899 | | |
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| 889 | 900 | | CHAPTER 9.4. California Creative Economy Workgroup |
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| 890 | 901 | | |
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| 891 | 902 | | CHAPTER 9.4. California Creative Economy Workgroup |
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| 892 | 903 | | |
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| 893 | 904 | | 8759. For purposes of this chapter, the following definitions apply:(a) Council means the Arts Council, as described in Section 8751.(b) Director means the director of the Arts Council, as described in Section 8754.(c) Workgroup means the California Creative Economy Workgroup. |
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| 894 | 905 | | |
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| 895 | 906 | | |
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| 896 | 907 | | |
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| 897 | 908 | | 8759. For purposes of this chapter, the following definitions apply: |
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| 898 | 909 | | |
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| 899 | 910 | | (a) Council means the Arts Council, as described in Section 8751. |
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| 900 | 911 | | |
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| 901 | 912 | | (b) Director means the director of the Arts Council, as described in Section 8754. |
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| 902 | 913 | | |
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| 903 | 914 | | (c) Workgroup means the California Creative Economy Workgroup. |
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| 904 | 915 | | |
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| 905 | 916 | | 8759.1. (a) (1) The council shall establish the California Creative Economy Workgroup, upon appropriation by the Legislature, to develop a strategic plan for the California creative economy, with members as provided in this section.(2) Funds appropriated by the Legislature pursuant to this chapter shall be available for expenditure until July 1, 2025.(b) The director, or their designee, shall serve as chair of the workgroup.(c) The director, or their designee, shall invite the following entities to formally participate in the workgroup:(1) A county representative identified by the California State Association of Counties with experience in county arts and cultural affairs.(2) A city representative identified by the League of California Cities with experience in city arts and cultural affairs.(3) Five representatives from the California arts community, including, but not limited to, the following sectors:(A) Film, television, and video production.(B) Recorded audio and music production.(C) Animation production.(D) Video game development.(E) Live theater, orchestra, ballet, and opera.(F) Live music performance.(G) Visual arts, including sculpture, painting, graphic design, and photography.(H) Production facilities, including film and television studios.(I) Live music or performing arts venues.(4) A representative from a California public institution of higher education or nonprofit research institution with experience in matters involving small businesses or cultural arts, or both.(5) The Director of the Governors Office of Business and Economic Development, or their designee.(6) The Secretary of Labor and Workforce Development, or their designee.(7) Two ex officio, nonvoting members, who shall be Members of the Assembly and be appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the Speaker of the Assembly and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(8) Two ex officio, nonvoting members, who shall be Senators and be appointed by the Senate Rules Committee. These members shall serve at the pleasure of the Senate Rules Committee and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature.(9) A representative of a federally recognized Indian tribe.(10) Any other state agency representatives or stakeholder group representatives, at the discretion of the director or their designee. |
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| 906 | 917 | | |
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| 907 | 918 | | |
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| 908 | 919 | | |
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| 909 | 920 | | 8759.1. (a) (1) The council shall establish the California Creative Economy Workgroup, upon appropriation by the Legislature, to develop a strategic plan for the California creative economy, with members as provided in this section. |
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| 910 | 921 | | |
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| 911 | 922 | | (2) Funds appropriated by the Legislature pursuant to this chapter shall be available for expenditure until July 1, 2025. |
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| 912 | 923 | | |
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| 913 | 924 | | (b) The director, or their designee, shall serve as chair of the workgroup. |
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| 914 | 925 | | |
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| 915 | 926 | | (c) The director, or their designee, shall invite the following entities to formally participate in the workgroup: |
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| 916 | 927 | | |
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| 917 | 928 | | (1) A county representative identified by the California State Association of Counties with experience in county arts and cultural affairs. |
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| 918 | 929 | | |
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| 919 | 930 | | (2) A city representative identified by the League of California Cities with experience in city arts and cultural affairs. |
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| 920 | 931 | | |
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| 921 | 932 | | (3) Five representatives from the California arts community, including, but not limited to, the following sectors: |
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| 922 | 933 | | |
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| 923 | 934 | | (A) Film, television, and video production. |
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| 924 | 935 | | |
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| 925 | 936 | | (B) Recorded audio and music production. |
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| 926 | 937 | | |
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| 927 | 938 | | (C) Animation production. |
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| 928 | 939 | | |
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| 929 | 940 | | (D) Video game development. |
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| 930 | 941 | | |
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| 931 | 942 | | (E) Live theater, orchestra, ballet, and opera. |
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| 932 | 943 | | |
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| 933 | 944 | | (F) Live music performance. |
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| 934 | 945 | | |
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| 935 | 946 | | (G) Visual arts, including sculpture, painting, graphic design, and photography. |
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| 936 | 947 | | |
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| 937 | 948 | | (H) Production facilities, including film and television studios. |
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| 938 | 949 | | |
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| 939 | 950 | | (I) Live music or performing arts venues. |
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| 940 | 951 | | |
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| 941 | 952 | | (4) A representative from a California public institution of higher education or nonprofit research institution with experience in matters involving small businesses or cultural arts, or both. |
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| 942 | 953 | | |
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| 943 | 954 | | (5) The Director of the Governors Office of Business and Economic Development, or their designee. |
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| 944 | 955 | | |
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| 945 | 956 | | (6) The Secretary of Labor and Workforce Development, or their designee. |
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| 946 | 957 | | |
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| 947 | 958 | | (7) Two ex officio, nonvoting members, who shall be Members of the Assembly and be appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the Speaker of the Assembly and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature. |
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| 948 | 959 | | |
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| 949 | 960 | | (8) Two ex officio, nonvoting members, who shall be Senators and be appointed by the Senate Rules Committee. These members shall serve at the pleasure of the Senate Rules Committee and participate in the activities of the workgroup to the extent that their participation is not incompatible with their respective positions as Members of the Legislature. |
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| 950 | 961 | | |
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| 951 | 962 | | (9) A representative of a federally recognized Indian tribe. |
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| 952 | 963 | | |
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| 953 | 964 | | (10) Any other state agency representatives or stakeholder group representatives, at the discretion of the director or their designee. |
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| 954 | 965 | | |
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| 955 | 966 | | 8759.2. The workgroup shall do all of the following:(a) Collect and analyze data on the state of the California creative economy.(b) (1) Develop a strategic plan to improve the competitiveness of the California creative economy with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan shall be structured to roll out in incremental phases to support the creative economy at large, including specific strategies to reach historically marginalized communities, and incorporate the diverse interests, strengths, and needs of Californians.(2) In developing the strategic plan for the California creative economy, the workgroup shall do all of the following:(A) Identify existing studies of aspects affecting the creative economy, including, but not limited to, studies relating to tax issues, legislation, finance, population and demographics, and employment.(B) Conduct a comparative analysis with other jurisdictions, including other states, that have successfully developed creative economy plans and programs.(C) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Californias creative economy.(D) Evaluate existing state and county tax incentives, grant programs, and government initiatives to make recommendations for improvements to support the creative economy.(E) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy.(F) Identify geographic areas with the least amount of access or opportunity for a creative economy.(G) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.(H) Identify opportunities for earn and learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated interest in creative work in their communities.(I) Identify existing initiatives and projects that can be used as models for earn and learn opportunities or as examples of best practices that can be replicated statewide or in different regions.(c) (1) Notwithstanding Section 10231.5, publish a report detailing the findings and recommendations of the workgroup on the councils internet website, and submit the report to the appropriate committees of the Legislature by June 30, 2025.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. |
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| 956 | 967 | | |
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| 957 | 968 | | |
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| 958 | 969 | | |
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| 959 | 970 | | 8759.2. The workgroup shall do all of the following: |
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| 960 | 971 | | |
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| 961 | 972 | | (a) Collect and analyze data on the state of the California creative economy. |
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| 962 | 973 | | |
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| 963 | 974 | | (b) (1) Develop a strategic plan to improve the competitiveness of the California creative economy with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan shall be structured to roll out in incremental phases to support the creative economy at large, including specific strategies to reach historically marginalized communities, and incorporate the diverse interests, strengths, and needs of Californians. |
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| 964 | 975 | | |
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| 965 | 976 | | (2) In developing the strategic plan for the California creative economy, the workgroup shall do all of the following: |
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| 966 | 977 | | |
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| 967 | 978 | | (A) Identify existing studies of aspects affecting the creative economy, including, but not limited to, studies relating to tax issues, legislation, finance, population and demographics, and employment. |
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| 968 | 979 | | |
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| 969 | 980 | | (B) Conduct a comparative analysis with other jurisdictions, including other states, that have successfully developed creative economy plans and programs. |
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| 970 | 981 | | |
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| 971 | 982 | | (C) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Californias creative economy. |
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| 972 | 983 | | |
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| 973 | 984 | | (D) Evaluate existing state and county tax incentives, grant programs, and government initiatives to make recommendations for improvements to support the creative economy. |
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| 974 | 985 | | |
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| 975 | 986 | | (E) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy. |
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| 976 | 987 | | |
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| 977 | 988 | | (F) Identify geographic areas with the least amount of access or opportunity for a creative economy. |
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| 978 | 989 | | |
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| 979 | 990 | | (G) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan. |
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| 980 | 991 | | |
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| 981 | 992 | | (H) Identify opportunities for earn and learn job training employment for students who have enrolled or completed a program in the arts, low-income or unemployed creative workers, and others with demonstrated interest in creative work in their communities. |
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| 982 | 993 | | |
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| 983 | 994 | | (I) Identify existing initiatives and projects that can be used as models for earn and learn opportunities or as examples of best practices that can be replicated statewide or in different regions. |
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| 984 | 995 | | |
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| 985 | 996 | | (c) (1) Notwithstanding Section 10231.5, publish a report detailing the findings and recommendations of the workgroup on the councils internet website, and submit the report to the appropriate committees of the Legislature by June 30, 2025. |
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| 986 | 997 | | |
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| 987 | 998 | | (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. |
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| 988 | 999 | | |
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| 989 | 1000 | | 8759.3. (a) (1) The council may use funding, upon appropriation by the Legislature, to support the activities of the workgroup, including entering into a contract with a nonprofit organization and covering administrative expenses of the workgroup.(2) The director, or their designee, may, after issuing a request for proposals, designate a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report pursuant to Section 8759.2.(b) A nonprofit organization contracted by the council shall have experience conducting business in professional arts, or experience in business development and drafting business plans and multidisciplinary planning documents. |
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| 990 | 1001 | | |
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| 991 | 1002 | | |
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| 992 | 1003 | | |
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| 993 | 1004 | | 8759.3. (a) (1) The council may use funding, upon appropriation by the Legislature, to support the activities of the workgroup, including entering into a contract with a nonprofit organization and covering administrative expenses of the workgroup. |
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| 994 | 1005 | | |
|---|
| 995 | 1006 | | (2) The director, or their designee, may, after issuing a request for proposals, designate a nonprofit organization to help facilitate workgroup meetings, compile information, and prepare a final report pursuant to Section 8759.2. |
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| 996 | 1007 | | |
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| 997 | 1008 | | (b) A nonprofit organization contracted by the council shall have experience conducting business in professional arts, or experience in business development and drafting business plans and multidisciplinary planning documents. |
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| 998 | 1009 | | |
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| 999 | 1010 | | 8759.4. This chapter shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 1000 | 1011 | | |
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| 1001 | 1012 | | |
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| 1002 | 1013 | | |
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| 1003 | 1014 | | 8759.4. This chapter shall remain in effect only until July 1, 2025, and as of that date is repealed. |
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| 1004 | 1015 | | |
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| 1005 | 1016 | | SEC. 13. Section 11011 of the Government Code is amended to read:11011. (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, but not be limited to, the following:(1) Land not currently being utilized, or currently being underutilized, by the state agency for any existing or ongoing state program.(2) Land for which the state agency has not identified any specific utilization relative to future programmatic needs.(3) Land not identified by the state agency within its master plans for facility development.(b) Jurisdiction of all land reported as excess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by law.(c) The Department of General Services shall report to the Legislature annually, the land declared excess and request authorization to dispose of the land by sale or otherwise.(d) The Department of General Services shall review and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code before recommending or taking any action on surplus land, and shall also circulate the reports to all state agencies that are required to report excess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may give priority to proposals by the state that involve the exchange of surplus lands for lands listed in those reports.(e) Except as otherwise provided by any other law, whenever any land is reported as excess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by any other state agency. If the Department of General Services determines that any land is needed by any other state agency it may transfer the jurisdiction of this land to the other state agency upon the terms and conditions as it may deem to be for the best interests of the state.(f) When authority is granted for the sale or other disposition of lands declared excess, and the Department of General Services has determined that the use of the land is not needed by any other state agency, the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon any terms and conditions and subject to any reservations and exceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Legislature annually, with respect to each parcel of land authorized to be sold under this section, giving the following information:(1) A description or other identification of the property.(2) The date of authorization.(3) With regard to each parcel sold after the next preceding report, the date of sale and price received, or the value of the land received in exchange.(4) The present status of the property, if not sold or otherwise disposed of at the time of the report.(g) (1) (A) Except as otherwise specified by law, the net proceeds received from any real property disposition, including the sale, lease, exchange, or other means, that is received pursuant to this section shall be paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, as approved by the voters at the March 2, 2004, statewide primary election, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. Thereafter, the net proceeds received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties.(B) Notwithstanding subparagraph (A), the department may deposit some or all of the net proceeds into the Property Acquisition Law Money Account for the purposes of maintaining an operating reserve sufficient to continue redeveloping excess state properties as affordable housing.(2) For purposes of this section, net proceeds shall be defined as proceeds less any outstanding loans from the General Fund, or outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred before June 30, 2005, related to the management of the states real property assets, including, but not limited to, surplus property identification, legal research, feasibility statistics, activities associated with land use, and due diligence.(3) For the purposes of this section, an operating reserve sufficient to continue redeveloping excess state properties as affordable housing means an amount not to exceed three years of operating costs to redevelop excess state properties as affordable housing.(h) The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account, which is hereby created in the State Treasury, for the purposes of supporting the management of the states real property assets.(i) Any rentals or other revenues received by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation by the Legislature.(j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of any state lands pursuant to any law now or hereafter enacted authorizing the sale, letting, or disposition.(k) (1) The disposition of a parcel of surplus state real property, pursuant to Section 11011.1, made on an as is basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) If the disposition of a parcel of surplus state real property, pursuant to Section 11011.1, is not made on an as is basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with Section 21000) of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.(3) For purposes of this subdivision, disposition means the sale, exchange, sale combined with an exchange, or transfer of a parcel of surplus state property. |
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| 1006 | 1017 | | |
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| 1007 | 1018 | | SEC. 13. Section 11011 of the Government Code is amended to read: |
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| 1008 | 1019 | | |
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| 1009 | 1020 | | ### SEC. 13. |
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| 1010 | 1021 | | |
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| 1011 | 1022 | | 11011. (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, but not be limited to, the following:(1) Land not currently being utilized, or currently being underutilized, by the state agency for any existing or ongoing state program.(2) Land for which the state agency has not identified any specific utilization relative to future programmatic needs.(3) Land not identified by the state agency within its master plans for facility development.(b) Jurisdiction of all land reported as excess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by law.(c) The Department of General Services shall report to the Legislature annually, the land declared excess and request authorization to dispose of the land by sale or otherwise.(d) The Department of General Services shall review and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code before recommending or taking any action on surplus land, and shall also circulate the reports to all state agencies that are required to report excess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may give priority to proposals by the state that involve the exchange of surplus lands for lands listed in those reports.(e) Except as otherwise provided by any other law, whenever any land is reported as excess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by any other state agency. If the Department of General Services determines that any land is needed by any other state agency it may transfer the jurisdiction of this land to the other state agency upon the terms and conditions as it may deem to be for the best interests of the state.(f) When authority is granted for the sale or other disposition of lands declared excess, and the Department of General Services has determined that the use of the land is not needed by any other state agency, the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon any terms and conditions and subject to any reservations and exceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Legislature annually, with respect to each parcel of land authorized to be sold under this section, giving the following information:(1) A description or other identification of the property.(2) The date of authorization.(3) With regard to each parcel sold after the next preceding report, the date of sale and price received, or the value of the land received in exchange.(4) The present status of the property, if not sold or otherwise disposed of at the time of the report.(g) (1) (A) Except as otherwise specified by law, the net proceeds received from any real property disposition, including the sale, lease, exchange, or other means, that is received pursuant to this section shall be paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, as approved by the voters at the March 2, 2004, statewide primary election, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. Thereafter, the net proceeds received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties.(B) Notwithstanding subparagraph (A), the department may deposit some or all of the net proceeds into the Property Acquisition Law Money Account for the purposes of maintaining an operating reserve sufficient to continue redeveloping excess state properties as affordable housing.(2) For purposes of this section, net proceeds shall be defined as proceeds less any outstanding loans from the General Fund, or outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred before June 30, 2005, related to the management of the states real property assets, including, but not limited to, surplus property identification, legal research, feasibility statistics, activities associated with land use, and due diligence.(3) For the purposes of this section, an operating reserve sufficient to continue redeveloping excess state properties as affordable housing means an amount not to exceed three years of operating costs to redevelop excess state properties as affordable housing.(h) The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account, which is hereby created in the State Treasury, for the purposes of supporting the management of the states real property assets.(i) Any rentals or other revenues received by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation by the Legislature.(j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of any state lands pursuant to any law now or hereafter enacted authorizing the sale, letting, or disposition.(k) (1) The disposition of a parcel of surplus state real property, pursuant to Section 11011.1, made on an as is basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) If the disposition of a parcel of surplus state real property, pursuant to Section 11011.1, is not made on an as is basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with Section 21000) of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.(3) For purposes of this subdivision, disposition means the sale, exchange, sale combined with an exchange, or transfer of a parcel of surplus state property. |
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| 1012 | 1023 | | |
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| 1013 | 1024 | | 11011. (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, but not be limited to, the following:(1) Land not currently being utilized, or currently being underutilized, by the state agency for any existing or ongoing state program.(2) Land for which the state agency has not identified any specific utilization relative to future programmatic needs.(3) Land not identified by the state agency within its master plans for facility development.(b) Jurisdiction of all land reported as excess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by law.(c) The Department of General Services shall report to the Legislature annually, the land declared excess and request authorization to dispose of the land by sale or otherwise.(d) The Department of General Services shall review and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code before recommending or taking any action on surplus land, and shall also circulate the reports to all state agencies that are required to report excess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may give priority to proposals by the state that involve the exchange of surplus lands for lands listed in those reports.(e) Except as otherwise provided by any other law, whenever any land is reported as excess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by any other state agency. If the Department of General Services determines that any land is needed by any other state agency it may transfer the jurisdiction of this land to the other state agency upon the terms and conditions as it may deem to be for the best interests of the state.(f) When authority is granted for the sale or other disposition of lands declared excess, and the Department of General Services has determined that the use of the land is not needed by any other state agency, the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon any terms and conditions and subject to any reservations and exceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Legislature annually, with respect to each parcel of land authorized to be sold under this section, giving the following information:(1) A description or other identification of the property.(2) The date of authorization.(3) With regard to each parcel sold after the next preceding report, the date of sale and price received, or the value of the land received in exchange.(4) The present status of the property, if not sold or otherwise disposed of at the time of the report.(g) (1) (A) Except as otherwise specified by law, the net proceeds received from any real property disposition, including the sale, lease, exchange, or other means, that is received pursuant to this section shall be paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, as approved by the voters at the March 2, 2004, statewide primary election, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. Thereafter, the net proceeds received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties.(B) Notwithstanding subparagraph (A), the department may deposit some or all of the net proceeds into the Property Acquisition Law Money Account for the purposes of maintaining an operating reserve sufficient to continue redeveloping excess state properties as affordable housing.(2) For purposes of this section, net proceeds shall be defined as proceeds less any outstanding loans from the General Fund, or outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred before June 30, 2005, related to the management of the states real property assets, including, but not limited to, surplus property identification, legal research, feasibility statistics, activities associated with land use, and due diligence.(3) For the purposes of this section, an operating reserve sufficient to continue redeveloping excess state properties as affordable housing means an amount not to exceed three years of operating costs to redevelop excess state properties as affordable housing.(h) The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account, which is hereby created in the State Treasury, for the purposes of supporting the management of the states real property assets.(i) Any rentals or other revenues received by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation by the Legislature.(j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of any state lands pursuant to any law now or hereafter enacted authorizing the sale, letting, or disposition.(k) (1) The disposition of a parcel of surplus state real property, pursuant to Section 11011.1, made on an as is basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) If the disposition of a parcel of surplus state real property, pursuant to Section 11011.1, is not made on an as is basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with Section 21000) of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.(3) For purposes of this subdivision, disposition means the sale, exchange, sale combined with an exchange, or transfer of a parcel of surplus state property. |
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| 1014 | 1025 | | |
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| 1015 | 1026 | | 11011. (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, but not be limited to, the following:(1) Land not currently being utilized, or currently being underutilized, by the state agency for any existing or ongoing state program.(2) Land for which the state agency has not identified any specific utilization relative to future programmatic needs.(3) Land not identified by the state agency within its master plans for facility development.(b) Jurisdiction of all land reported as excess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by law.(c) The Department of General Services shall report to the Legislature annually, the land declared excess and request authorization to dispose of the land by sale or otherwise.(d) The Department of General Services shall review and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code before recommending or taking any action on surplus land, and shall also circulate the reports to all state agencies that are required to report excess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may give priority to proposals by the state that involve the exchange of surplus lands for lands listed in those reports.(e) Except as otherwise provided by any other law, whenever any land is reported as excess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by any other state agency. If the Department of General Services determines that any land is needed by any other state agency it may transfer the jurisdiction of this land to the other state agency upon the terms and conditions as it may deem to be for the best interests of the state.(f) When authority is granted for the sale or other disposition of lands declared excess, and the Department of General Services has determined that the use of the land is not needed by any other state agency, the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon any terms and conditions and subject to any reservations and exceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Legislature annually, with respect to each parcel of land authorized to be sold under this section, giving the following information:(1) A description or other identification of the property.(2) The date of authorization.(3) With regard to each parcel sold after the next preceding report, the date of sale and price received, or the value of the land received in exchange.(4) The present status of the property, if not sold or otherwise disposed of at the time of the report.(g) (1) (A) Except as otherwise specified by law, the net proceeds received from any real property disposition, including the sale, lease, exchange, or other means, that is received pursuant to this section shall be paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, as approved by the voters at the March 2, 2004, statewide primary election, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. Thereafter, the net proceeds received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties.(B) Notwithstanding subparagraph (A), the department may deposit some or all of the net proceeds into the Property Acquisition Law Money Account for the purposes of maintaining an operating reserve sufficient to continue redeveloping excess state properties as affordable housing.(2) For purposes of this section, net proceeds shall be defined as proceeds less any outstanding loans from the General Fund, or outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred before June 30, 2005, related to the management of the states real property assets, including, but not limited to, surplus property identification, legal research, feasibility statistics, activities associated with land use, and due diligence.(3) For the purposes of this section, an operating reserve sufficient to continue redeveloping excess state properties as affordable housing means an amount not to exceed three years of operating costs to redevelop excess state properties as affordable housing.(h) The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account, which is hereby created in the State Treasury, for the purposes of supporting the management of the states real property assets.(i) Any rentals or other revenues received by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation by the Legislature.(j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of any state lands pursuant to any law now or hereafter enacted authorizing the sale, letting, or disposition.(k) (1) The disposition of a parcel of surplus state real property, pursuant to Section 11011.1, made on an as is basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with Section 21000) of the Public Resources Code.(2) If the disposition of a parcel of surplus state real property, pursuant to Section 11011.1, is not made on an as is basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with Section 21000) of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.(3) For purposes of this subdivision, disposition means the sale, exchange, sale combined with an exchange, or transfer of a parcel of surplus state property. |
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| 1016 | 1027 | | |
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| 1017 | 1028 | | |
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| 1018 | 1029 | | |
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| 1019 | 1030 | | 11011. (a) On or before December 31 of each year, each state agency shall make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services. These lands shall include, but not be limited to, the following: |
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| 1020 | 1031 | | |
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| 1021 | 1032 | | (1) Land not currently being utilized, or currently being underutilized, by the state agency for any existing or ongoing state program. |
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| 1022 | 1033 | | |
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| 1023 | 1034 | | (2) Land for which the state agency has not identified any specific utilization relative to future programmatic needs. |
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| 1024 | 1035 | | |
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| 1025 | 1036 | | (3) Land not identified by the state agency within its master plans for facility development. |
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| 1026 | 1037 | | |
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| 1027 | 1038 | | (b) Jurisdiction of all land reported as excess shall be transferred to the Department of General Services, when requested by the director of that department, for sale or disposition under this section or as may be otherwise authorized by law. |
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| 1028 | 1039 | | |
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| 1029 | 1040 | | (c) The Department of General Services shall report to the Legislature annually, the land declared excess and request authorization to dispose of the land by sale or otherwise. |
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| 1030 | 1041 | | |
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| 1031 | 1042 | | (d) The Department of General Services shall review and consider reports submitted to the Director of General Services pursuant to Section 66907.12 of this code and Section 31104.3 of the Public Resources Code before recommending or taking any action on surplus land, and shall also circulate the reports to all state agencies that are required to report excess land pursuant to this section. In recommending or determining the disposition of surplus lands, the Director of General Services may give priority to proposals by the state that involve the exchange of surplus lands for lands listed in those reports. |
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| 1032 | 1043 | | |
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| 1033 | 1044 | | (e) Except as otherwise provided by any other law, whenever any land is reported as excess pursuant to this section, the Department of General Services shall determine whether or not the use of the land is needed by any other state agency. If the Department of General Services determines that any land is needed by any other state agency it may transfer the jurisdiction of this land to the other state agency upon the terms and conditions as it may deem to be for the best interests of the state. |
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| 1034 | 1045 | | |
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| 1035 | 1046 | | (f) When authority is granted for the sale or other disposition of lands declared excess, and the Department of General Services has determined that the use of the land is not needed by any other state agency, the Department of General Services shall sell the land or otherwise dispose of the same pursuant to the authorization, upon any terms and conditions and subject to any reservations and exceptions as the Department of General Services may deem to be for the best interests of the state. The Department of General Services shall report to the Legislature annually, with respect to each parcel of land authorized to be sold under this section, giving the following information: |
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| 1036 | 1047 | | |
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| 1037 | 1048 | | (1) A description or other identification of the property. |
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| 1038 | 1049 | | |
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| 1039 | 1050 | | (2) The date of authorization. |
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| 1040 | 1051 | | |
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| 1041 | 1052 | | (3) With regard to each parcel sold after the next preceding report, the date of sale and price received, or the value of the land received in exchange. |
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| 1042 | 1053 | | |
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| 1043 | 1054 | | (4) The present status of the property, if not sold or otherwise disposed of at the time of the report. |
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| 1044 | 1055 | | |
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| 1045 | 1056 | | (g) (1) (A) Except as otherwise specified by law, the net proceeds received from any real property disposition, including the sale, lease, exchange, or other means, that is received pursuant to this section shall be paid into the Deficit Recovery Bond Retirement Sinking Fund Subaccount, established pursuant to subdivision (f) of Section 20 of Article XVI of the California Constitution, as approved by the voters at the March 2, 2004, statewide primary election, until the time that the bonds issued pursuant to the Economic Recovery Bond Act (Title 18 (commencing with Section 99050)), approved by the voters at the March 2, 2004, statewide primary election, are retired. Thereafter, the net proceeds received pursuant to this section shall be deposited in the Special Fund for Economic Uncertainties. |
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| 1046 | 1057 | | |
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| 1047 | 1058 | | (B) Notwithstanding subparagraph (A), the department may deposit some or all of the net proceeds into the Property Acquisition Law Money Account for the purposes of maintaining an operating reserve sufficient to continue redeveloping excess state properties as affordable housing. |
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| 1048 | 1059 | | |
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| 1049 | 1060 | | (2) For purposes of this section, net proceeds shall be defined as proceeds less any outstanding loans from the General Fund, or outstanding reimbursements due to the Property Acquisition Law Money Account for costs incurred before June 30, 2005, related to the management of the states real property assets, including, but not limited to, surplus property identification, legal research, feasibility statistics, activities associated with land use, and due diligence. |
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| 1050 | 1061 | | |
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| 1051 | 1062 | | (3) For the purposes of this section, an operating reserve sufficient to continue redeveloping excess state properties as affordable housing means an amount not to exceed three years of operating costs to redevelop excess state properties as affordable housing. |
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| 1052 | 1063 | | |
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| 1053 | 1064 | | (h) The Director of Finance may approve loans from the General Fund to the Property Acquisition Law Money Account, which is hereby created in the State Treasury, for the purposes of supporting the management of the states real property assets. |
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| 1054 | 1065 | | |
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| 1055 | 1066 | | (i) Any rentals or other revenues received by the department from real properties, the jurisdiction of which has been transferred to the Department of General Services under this section, shall be deposited in the Property Acquisition Law Money Account and shall be available for expenditure by the Department of General Services upon appropriation by the Legislature. |
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| 1056 | 1067 | | |
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| 1057 | 1068 | | (j) Nothing contained in this section shall be construed to prohibit the sale, letting, or other disposition of any state lands pursuant to any law now or hereafter enacted authorizing the sale, letting, or disposition. |
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| 1058 | 1069 | | |
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| 1059 | 1070 | | (k) (1) The disposition of a parcel of surplus state real property, pursuant to Section 11011.1, made on an as is basis shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. Upon title to the parcel vesting in the purchaser or transferee of the property, the purchaser or transferee shall be subject to any local governmental land use entitlement approval requirements and to Division 13 (commencing with Section 21000) of the Public Resources Code. |
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| 1060 | 1071 | | |
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| 1061 | 1072 | | (2) If the disposition of a parcel of surplus state real property, pursuant to Section 11011.1, is not made on an as is basis and close of escrow is contingent on the satisfaction of a local governmental land use entitlement approval requirement or compliance by the local government with Division 13 (commencing with Section 21000) of the Public Resources Code, the execution of the purchase and sale agreement or of the exchange agreement by all parties to the agreement shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. |
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| 1062 | 1073 | | |
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| 1063 | 1074 | | (3) For purposes of this subdivision, disposition means the sale, exchange, sale combined with an exchange, or transfer of a parcel of surplus state property. |
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| 1064 | 1075 | | |
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| 1065 | 1076 | | SEC. 14. Section 11011.2 of the Government Code is amended to read:11011.2. (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.(2) The Director of General Services may not lease any of the following real property pursuant to this section:(A) Tax-deeded land or lands under the jurisdiction of the State Lands Commission.(B) Land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons.(C) Lands under the jurisdiction of the State Coastal Conservancy or another state conservancy.(D) Lands under the jurisdiction of the Department of Transportation or the California State University system, or land owned by the Regents of the University of California.(E) Lands under the jurisdiction of the Department of Parks and Recreation.(F) Lands under the jurisdiction of the Department of Fish and Game.(3) A lease entered into pursuant to this section shall be set at the amount of the leases fair market value, as determined by the Director of General Services. The Director of General Services may determine the length of term or a use of the lease, and specify any other terms and conditions which are determined to be in the best interest of the state.(b) The Department of General Services may enter into a long-term lease of real property pursuant to this section that has outstanding lease revenue bonds and for which the real property cannot be disencumbered from the bonds, only if the issuer and trustee for the bonds approves the lease transaction, and this approval takes into consideration, among other things, that the proposed lease transaction does not breach a covenant or obligation of the issuer or trustee.(c) (1) All issuer- and trustee-related costs for reviewing a proposed lease transaction pursuant to this section, and all other costs of the lease transaction related to the defeasance or other retirement of any bonds, including the cost of nationally recognized bond counsel, shall be paid from the proceeds of that lease.(2) The Department of General Services shall be reimbursed for any reasonable costs or expenses incurred in conducting a transaction pursuant to this section.(3) Notwithstanding subdivision (g) of Section 11011, unless necessary to maintain the operating reserve referenced in that subdivision, the Department of General Services shall deposit into the General Fund the net proceeds of a lease entered into pursuant to this section, after deducting the amount of the reimbursement of costs incurred pursuant to this section or the reimbursement of adjustments to the General Fund loan made pursuant to Section 8 of Chapter 20 of the 200910 Fourth Extraordinary Session from the lease.(d) The Department of General Services shall transmit a report to each house of the Legislature on or before June 30, 2011, and on or before June 30 each year thereafter, listing every new lease that exceeds a period of five years entered into under the authority of this section and the following information regarding each listed lease:(1) Lease payments.(2) Length of the lease.(3) Identification of the leasing parties.(4) Identification of the leased property.(5) Any other information the Director of General Services determines should be included in the report to adequately describe the material provisions of the lease. |
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| 1066 | 1077 | | |
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| 1067 | 1078 | | SEC. 14. Section 11011.2 of the Government Code is amended to read: |
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| 1068 | 1079 | | |
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| 1069 | 1080 | | ### SEC. 14. |
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| 1070 | 1081 | | |
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| 1071 | 1082 | | 11011.2. (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.(2) The Director of General Services may not lease any of the following real property pursuant to this section:(A) Tax-deeded land or lands under the jurisdiction of the State Lands Commission.(B) Land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons.(C) Lands under the jurisdiction of the State Coastal Conservancy or another state conservancy.(D) Lands under the jurisdiction of the Department of Transportation or the California State University system, or land owned by the Regents of the University of California.(E) Lands under the jurisdiction of the Department of Parks and Recreation.(F) Lands under the jurisdiction of the Department of Fish and Game.(3) A lease entered into pursuant to this section shall be set at the amount of the leases fair market value, as determined by the Director of General Services. The Director of General Services may determine the length of term or a use of the lease, and specify any other terms and conditions which are determined to be in the best interest of the state.(b) The Department of General Services may enter into a long-term lease of real property pursuant to this section that has outstanding lease revenue bonds and for which the real property cannot be disencumbered from the bonds, only if the issuer and trustee for the bonds approves the lease transaction, and this approval takes into consideration, among other things, that the proposed lease transaction does not breach a covenant or obligation of the issuer or trustee.(c) (1) All issuer- and trustee-related costs for reviewing a proposed lease transaction pursuant to this section, and all other costs of the lease transaction related to the defeasance or other retirement of any bonds, including the cost of nationally recognized bond counsel, shall be paid from the proceeds of that lease.(2) The Department of General Services shall be reimbursed for any reasonable costs or expenses incurred in conducting a transaction pursuant to this section.(3) Notwithstanding subdivision (g) of Section 11011, unless necessary to maintain the operating reserve referenced in that subdivision, the Department of General Services shall deposit into the General Fund the net proceeds of a lease entered into pursuant to this section, after deducting the amount of the reimbursement of costs incurred pursuant to this section or the reimbursement of adjustments to the General Fund loan made pursuant to Section 8 of Chapter 20 of the 200910 Fourth Extraordinary Session from the lease.(d) The Department of General Services shall transmit a report to each house of the Legislature on or before June 30, 2011, and on or before June 30 each year thereafter, listing every new lease that exceeds a period of five years entered into under the authority of this section and the following information regarding each listed lease:(1) Lease payments.(2) Length of the lease.(3) Identification of the leasing parties.(4) Identification of the leased property.(5) Any other information the Director of General Services determines should be included in the report to adequately describe the material provisions of the lease. |
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| 1072 | 1083 | | |
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| 1073 | 1084 | | 11011.2. (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.(2) The Director of General Services may not lease any of the following real property pursuant to this section:(A) Tax-deeded land or lands under the jurisdiction of the State Lands Commission.(B) Land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons.(C) Lands under the jurisdiction of the State Coastal Conservancy or another state conservancy.(D) Lands under the jurisdiction of the Department of Transportation or the California State University system, or land owned by the Regents of the University of California.(E) Lands under the jurisdiction of the Department of Parks and Recreation.(F) Lands under the jurisdiction of the Department of Fish and Game.(3) A lease entered into pursuant to this section shall be set at the amount of the leases fair market value, as determined by the Director of General Services. The Director of General Services may determine the length of term or a use of the lease, and specify any other terms and conditions which are determined to be in the best interest of the state.(b) The Department of General Services may enter into a long-term lease of real property pursuant to this section that has outstanding lease revenue bonds and for which the real property cannot be disencumbered from the bonds, only if the issuer and trustee for the bonds approves the lease transaction, and this approval takes into consideration, among other things, that the proposed lease transaction does not breach a covenant or obligation of the issuer or trustee.(c) (1) All issuer- and trustee-related costs for reviewing a proposed lease transaction pursuant to this section, and all other costs of the lease transaction related to the defeasance or other retirement of any bonds, including the cost of nationally recognized bond counsel, shall be paid from the proceeds of that lease.(2) The Department of General Services shall be reimbursed for any reasonable costs or expenses incurred in conducting a transaction pursuant to this section.(3) Notwithstanding subdivision (g) of Section 11011, unless necessary to maintain the operating reserve referenced in that subdivision, the Department of General Services shall deposit into the General Fund the net proceeds of a lease entered into pursuant to this section, after deducting the amount of the reimbursement of costs incurred pursuant to this section or the reimbursement of adjustments to the General Fund loan made pursuant to Section 8 of Chapter 20 of the 200910 Fourth Extraordinary Session from the lease.(d) The Department of General Services shall transmit a report to each house of the Legislature on or before June 30, 2011, and on or before June 30 each year thereafter, listing every new lease that exceeds a period of five years entered into under the authority of this section and the following information regarding each listed lease:(1) Lease payments.(2) Length of the lease.(3) Identification of the leasing parties.(4) Identification of the leased property.(5) Any other information the Director of General Services determines should be included in the report to adequately describe the material provisions of the lease. |
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| 1074 | 1085 | | |
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| 1075 | 1086 | | 11011.2. (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.(2) The Director of General Services may not lease any of the following real property pursuant to this section:(A) Tax-deeded land or lands under the jurisdiction of the State Lands Commission.(B) Land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons.(C) Lands under the jurisdiction of the State Coastal Conservancy or another state conservancy.(D) Lands under the jurisdiction of the Department of Transportation or the California State University system, or land owned by the Regents of the University of California.(E) Lands under the jurisdiction of the Department of Parks and Recreation.(F) Lands under the jurisdiction of the Department of Fish and Game.(3) A lease entered into pursuant to this section shall be set at the amount of the leases fair market value, as determined by the Director of General Services. The Director of General Services may determine the length of term or a use of the lease, and specify any other terms and conditions which are determined to be in the best interest of the state.(b) The Department of General Services may enter into a long-term lease of real property pursuant to this section that has outstanding lease revenue bonds and for which the real property cannot be disencumbered from the bonds, only if the issuer and trustee for the bonds approves the lease transaction, and this approval takes into consideration, among other things, that the proposed lease transaction does not breach a covenant or obligation of the issuer or trustee.(c) (1) All issuer- and trustee-related costs for reviewing a proposed lease transaction pursuant to this section, and all other costs of the lease transaction related to the defeasance or other retirement of any bonds, including the cost of nationally recognized bond counsel, shall be paid from the proceeds of that lease.(2) The Department of General Services shall be reimbursed for any reasonable costs or expenses incurred in conducting a transaction pursuant to this section.(3) Notwithstanding subdivision (g) of Section 11011, unless necessary to maintain the operating reserve referenced in that subdivision, the Department of General Services shall deposit into the General Fund the net proceeds of a lease entered into pursuant to this section, after deducting the amount of the reimbursement of costs incurred pursuant to this section or the reimbursement of adjustments to the General Fund loan made pursuant to Section 8 of Chapter 20 of the 200910 Fourth Extraordinary Session from the lease.(d) The Department of General Services shall transmit a report to each house of the Legislature on or before June 30, 2011, and on or before June 30 each year thereafter, listing every new lease that exceeds a period of five years entered into under the authority of this section and the following information regarding each listed lease:(1) Lease payments.(2) Length of the lease.(3) Identification of the leasing parties.(4) Identification of the leased property.(5) Any other information the Director of General Services determines should be included in the report to adequately describe the material provisions of the lease. |
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| 1076 | 1087 | | |
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| 1077 | 1088 | | |
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| 1078 | 1089 | | |
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| 1079 | 1090 | | 11011.2. (a) (1) Notwithstanding any other law, including, but not limited to, Sections 11011 and 14670, except as provided in this section, the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association. |
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| 1080 | 1091 | | |
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| 1081 | 1092 | | (2) The Director of General Services may not lease any of the following real property pursuant to this section: |
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| 1082 | 1093 | | |
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| 1083 | 1094 | | (A) Tax-deeded land or lands under the jurisdiction of the State Lands Commission. |
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| 1084 | 1095 | | |
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| 1085 | 1096 | | (B) Land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons. |
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| 1086 | 1097 | | |
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| 1087 | 1098 | | (C) Lands under the jurisdiction of the State Coastal Conservancy or another state conservancy. |
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| 1088 | 1099 | | |
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| 1089 | 1100 | | (D) Lands under the jurisdiction of the Department of Transportation or the California State University system, or land owned by the Regents of the University of California. |
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| 1090 | 1101 | | |
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| 1091 | 1102 | | (E) Lands under the jurisdiction of the Department of Parks and Recreation. |
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| 1092 | 1103 | | |
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| 1093 | 1104 | | (F) Lands under the jurisdiction of the Department of Fish and Game. |
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| 1094 | 1105 | | |
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| 1095 | 1106 | | (3) A lease entered into pursuant to this section shall be set at the amount of the leases fair market value, as determined by the Director of General Services. The Director of General Services may determine the length of term or a use of the lease, and specify any other terms and conditions which are determined to be in the best interest of the state. |
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| 1096 | 1107 | | |
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| 1097 | 1108 | | (b) The Department of General Services may enter into a long-term lease of real property pursuant to this section that has outstanding lease revenue bonds and for which the real property cannot be disencumbered from the bonds, only if the issuer and trustee for the bonds approves the lease transaction, and this approval takes into consideration, among other things, that the proposed lease transaction does not breach a covenant or obligation of the issuer or trustee. |
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| 1098 | 1109 | | |
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| 1099 | 1110 | | (c) (1) All issuer- and trustee-related costs for reviewing a proposed lease transaction pursuant to this section, and all other costs of the lease transaction related to the defeasance or other retirement of any bonds, including the cost of nationally recognized bond counsel, shall be paid from the proceeds of that lease. |
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| 1100 | 1111 | | |
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| 1101 | 1112 | | (2) The Department of General Services shall be reimbursed for any reasonable costs or expenses incurred in conducting a transaction pursuant to this section. |
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| 1102 | 1113 | | |
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| 1103 | 1114 | | (3) Notwithstanding subdivision (g) of Section 11011, unless necessary to maintain the operating reserve referenced in that subdivision, the Department of General Services shall deposit into the General Fund the net proceeds of a lease entered into pursuant to this section, after deducting the amount of the reimbursement of costs incurred pursuant to this section or the reimbursement of adjustments to the General Fund loan made pursuant to Section 8 of Chapter 20 of the 200910 Fourth Extraordinary Session from the lease. |
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| 1104 | 1115 | | |
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| 1105 | 1116 | | (d) The Department of General Services shall transmit a report to each house of the Legislature on or before June 30, 2011, and on or before June 30 each year thereafter, listing every new lease that exceeds a period of five years entered into under the authority of this section and the following information regarding each listed lease: |
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| 1106 | 1117 | | |
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| 1107 | 1118 | | (1) Lease payments. |
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| 1108 | 1119 | | |
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| 1109 | 1120 | | (2) Length of the lease. |
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| 1110 | 1121 | | |
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| 1111 | 1122 | | (3) Identification of the leasing parties. |
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| 1112 | 1123 | | |
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| 1113 | 1124 | | (4) Identification of the leased property. |
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| 1114 | 1125 | | |
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| 1115 | 1126 | | (5) Any other information the Director of General Services determines should be included in the report to adequately describe the material provisions of the lease. |
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| 1116 | 1127 | | |
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| 1117 | 1128 | | SEC. 15. Section 11549.3 of the Government Code is amended to read:11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan.(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.(6) Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation.(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:(A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:(i) Personally identifiable information protected by law.(ii) Health information protected by law.(iii) Confidential financial data.(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:(I) Information asset management.(II) Risk management.(III) Information security program management.(IV) Information security incident management.(V) Technology recovery planning.(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.(f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following:(A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards:(i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications.(ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications.(iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications.(B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable.(2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time.(3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed.(4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones.(B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment.(C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive.(D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance.(E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analysts Office to further their oversight and budgetary responsibilities.(5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c).(6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University.(g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.(2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210.(h) The office may conduct or require to be conducted an audit of information security to ensure program compliance.(i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.(j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency.(2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency.(3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center.(4) For purposes of this subdivision, local educational agency means a school district, county office of education, charter school, or state special school. |
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| 1118 | 1129 | | |
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| 1119 | 1130 | | SEC. 15. Section 11549.3 of the Government Code is amended to read: |
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| 1120 | 1131 | | |
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| 1121 | 1132 | | ### SEC. 15. |
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| 1122 | 1133 | | |
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| 1123 | 1134 | | 11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan.(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.(6) Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation.(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:(A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:(i) Personally identifiable information protected by law.(ii) Health information protected by law.(iii) Confidential financial data.(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:(I) Information asset management.(II) Risk management.(III) Information security program management.(IV) Information security incident management.(V) Technology recovery planning.(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.(f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following:(A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards:(i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications.(ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications.(iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications.(B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable.(2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time.(3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed.(4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones.(B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment.(C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive.(D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance.(E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analysts Office to further their oversight and budgetary responsibilities.(5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c).(6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University.(g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.(2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210.(h) The office may conduct or require to be conducted an audit of information security to ensure program compliance.(i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.(j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency.(2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency.(3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center.(4) For purposes of this subdivision, local educational agency means a school district, county office of education, charter school, or state special school. |
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| 1124 | 1135 | | |
|---|
| 1125 | 1136 | | 11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan.(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.(6) Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation.(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:(A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:(i) Personally identifiable information protected by law.(ii) Health information protected by law.(iii) Confidential financial data.(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:(I) Information asset management.(II) Risk management.(III) Information security program management.(IV) Information security incident management.(V) Technology recovery planning.(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.(f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following:(A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards:(i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications.(ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications.(iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications.(B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable.(2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time.(3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed.(4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones.(B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment.(C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive.(D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance.(E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analysts Office to further their oversight and budgetary responsibilities.(5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c).(6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University.(g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.(2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210.(h) The office may conduct or require to be conducted an audit of information security to ensure program compliance.(i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.(j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency.(2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency.(3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center.(4) For purposes of this subdivision, local educational agency means a school district, county office of education, charter school, or state special school. |
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| 1126 | 1137 | | |
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| 1127 | 1138 | | 11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan.(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.(6) Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation.(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:(A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:(i) Personally identifiable information protected by law.(ii) Health information protected by law.(iii) Confidential financial data.(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:(I) Information asset management.(II) Risk management.(III) Information security program management.(IV) Information security incident management.(V) Technology recovery planning.(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.(f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following:(A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards:(i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications.(ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications.(iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications.(B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable.(2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time.(3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed.(4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones.(B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment.(C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive.(D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance.(E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analysts Office to further their oversight and budgetary responsibilities.(5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c).(6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University.(g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.(2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210.(h) The office may conduct or require to be conducted an audit of information security to ensure program compliance.(i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.(j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency.(2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency.(3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center.(4) For purposes of this subdivision, local educational agency means a school district, county office of education, charter school, or state special school. |
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| 1128 | 1139 | | |
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| 1129 | 1140 | | |
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| 1130 | 1141 | | |
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| 1131 | 1142 | | 11549.3. (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following: |
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| 1132 | 1143 | | |
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| 1133 | 1144 | | (1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual. |
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| 1134 | 1145 | | |
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| 1135 | 1146 | | (2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following: |
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| 1136 | 1147 | | |
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| 1137 | 1148 | | (A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. |
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| 1138 | 1149 | | |
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| 1139 | 1150 | | (B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office. |
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| 1140 | 1151 | | |
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| 1141 | 1152 | | (3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents. |
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| 1142 | 1153 | | |
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| 1143 | 1154 | | (4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agencys disaster recovery plan. |
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| 1144 | 1155 | | |
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| 1145 | 1156 | | (5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards. |
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| 1146 | 1157 | | |
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| 1147 | 1158 | | (6) Promotion and enhancement of the state agencies risk management and privacy programs through education, awareness, collaboration, and consultation. |
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| 1148 | 1159 | | |
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| 1149 | 1160 | | (7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy. |
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| 1150 | 1161 | | |
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| 1151 | 1162 | | (b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties: |
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| 1152 | 1163 | | |
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| 1153 | 1164 | | (1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office. |
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| 1154 | 1165 | | |
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| 1155 | 1166 | | (2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office. |
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| 1156 | 1167 | | |
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| 1157 | 1168 | | (c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed. |
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| 1158 | 1169 | | |
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| 1159 | 1170 | | (2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties: |
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| 1160 | 1171 | | |
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| 1161 | 1172 | | (A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed. |
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| 1162 | 1173 | | |
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| 1163 | 1174 | | (B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies: |
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| 1164 | 1175 | | |
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| 1165 | 1176 | | (i) Personally identifiable information protected by law. |
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| 1166 | 1177 | | |
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| 1167 | 1178 | | (ii) Health information protected by law. |
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| 1168 | 1179 | | |
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| 1169 | 1180 | | (iii) Confidential financial data. |
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| 1170 | 1181 | | |
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| 1171 | 1182 | | (iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas: |
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| 1172 | 1183 | | |
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| 1173 | 1184 | | (I) Information asset management. |
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| 1174 | 1185 | | |
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| 1175 | 1186 | | (II) Risk management. |
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| 1176 | 1187 | | |
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| 1177 | 1188 | | (III) Information security program management. |
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| 1178 | 1189 | | |
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| 1179 | 1190 | | (IV) Information security incident management. |
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| 1180 | 1191 | | |
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| 1181 | 1192 | | (V) Technology recovery planning. |
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| 1182 | 1193 | | |
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| 1183 | 1194 | | (C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision. |
|---|
| 1184 | 1195 | | |
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| 1185 | 1196 | | (3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed. |
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| 1186 | 1197 | | |
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| 1187 | 1198 | | (d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services. |
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| 1188 | 1199 | | |
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| 1189 | 1200 | | (e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements. |
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| 1190 | 1201 | | |
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| 1191 | 1202 | | (f) (1) Every state agency, as defined in Section 11000, that is not subject to subdivision (b) shall do all of the following: |
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| 1192 | 1203 | | |
|---|
| 1193 | 1204 | | (A) Adopt and implement information security and privacy policies, standards, and procedures that adhere to the following standards: |
|---|
| 1194 | 1205 | | |
|---|
| 1195 | 1206 | | (i) The National Institute of Standards and Technology (NIST) Special Publication 800-53, Revision 5, Security and Privacy Controls for Federal Information Systems and Organizations, and its successor publications. |
|---|
| 1196 | 1207 | | |
|---|
| 1197 | 1208 | | (ii) Federal Information Processing Standards (FIPS) 199 Standards for Security Categorization of Federal Information and Information Systems, and its successor publications. |
|---|
| 1198 | 1209 | | |
|---|
| 1199 | 1210 | | (iii) Federal Information Processing Standards (FIPS) 200 Minimum Security Requirements for Federal Information and Information Systems, and its successor publications. |
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| 1200 | 1211 | | |
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| 1201 | 1212 | | (B) Perform a comprehensive, independent security assessment every two years. The independent assessment shall assess all policies, standards, and procedures adopted pursuant to subparagraph (A) and paragraph (2), if applicable. |
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| 1202 | 1213 | | |
|---|
| 1203 | 1214 | | (2) A state agency described in paragraph (1) may adopt and implement information security and privacy policies, standards, and procedures following Chapter 5300 - Information Technology - Office of Information Security of the State Administrative Manual. A state agency described in paragraph (1) may discontinue a policy, standard, or procedure adopted pursuant to this paragraph at any time. |
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| 1204 | 1215 | | |
|---|
| 1205 | 1216 | | (3) A state agency described in paragraph (1) may contract with the Military Department, or with a qualified responsible vendor, to perform an independent security assessment of the state agency pursuant to subparagraph (B) of paragraph (1), the cost of which shall be funded by the state agency being assessed. |
|---|
| 1206 | 1217 | | |
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| 1207 | 1218 | | (4) (A) Every state agency described in paragraph (1) shall certify, on a form developed pursuant to subparagraph (C), by February 1 annually, to the office that the agency is in compliance with all policies, standards, and procedures adopted pursuant to this subdivision. The certification shall include a plan of action and milestones. |
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| 1208 | 1219 | | |
|---|
| 1209 | 1220 | | (B) Notwithstanding any other law, the certification made to the office shall be kept confidential and shall not be disclosed, except as provided in subparagraph (E). The office shall ensure the transferring, receiving, possessing, or disclosing of certifications is done in a manner that ensures the confidentiality and security of the certification, including restricting transfer and storage methods to electronic means and ensuring that certification data is encrypted in transport and at rest. The office shall only provide access to certifications to employees who have submitted to a criminal background check as a condition of employment. |
|---|
| 1210 | 1221 | | |
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| 1211 | 1222 | | (C) The office shall develop a form for certification based on the Statewide Information Management Manual (SIMM) 5330-B, making modifications as necessary to encompass the requirements on state agencies under paragraphs (1) to (4), inclusive. |
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| 1212 | 1223 | | |
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| 1213 | 1224 | | (D) The office may make recommendations and offer assistance to any state agency described in paragraph (1) on completing the plan of action and milestones required under paragraph (A). However, the office shall not have the authority to require any recommendation be followed or to compel acceptance of any assistance. |
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| 1214 | 1225 | | |
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| 1215 | 1226 | | (E) The office shall review the certifications and make an annual summary report available, by May 1, 2024, and by March 1 every year thereafter, to the appropriate legislative committees and the Legislative Analysts Office to further their oversight and budgetary responsibilities. |
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| 1216 | 1227 | | |
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| 1217 | 1228 | | (5) As an alternative to complying with the requirements of paragraphs (1) to (4), inclusive, a state agency described in paragraph (1) may annually submit, by January 15, a declaration to the chief confirming that the state agency voluntarily and fully complies with subdivisions (b) and (c). |
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| 1218 | 1229 | | |
|---|
| 1219 | 1230 | | (6) This subdivision shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the University. |
|---|
| 1220 | 1231 | | |
|---|
| 1221 | 1232 | | (g) (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c) or (f), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity. |
|---|
| 1222 | 1233 | | |
|---|
| 1223 | 1234 | | (2) The results of a completed independent security assessment performed pursuant to subdivision (c), (f), or (j), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but not limited to Section 7929.210. |
|---|
| 1224 | 1235 | | |
|---|
| 1225 | 1236 | | (h) The office may conduct or require to be conducted an audit of information security to ensure program compliance. |
|---|
| 1226 | 1237 | | |
|---|
| 1227 | 1238 | | (i) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government. |
|---|
| 1228 | 1239 | | |
|---|
| 1229 | 1240 | | (j) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency. |
|---|
| 1230 | 1241 | | |
|---|
| 1231 | 1242 | | (2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency. |
|---|
| 1232 | 1243 | | |
|---|
| 1233 | 1244 | | (3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center. |
|---|
| 1234 | 1245 | | |
|---|
| 1235 | 1246 | | (4) For purposes of this subdivision, local educational agency means a school district, county office of education, charter school, or state special school. |
|---|
| 1236 | 1247 | | |
|---|
| 1237 | 1248 | | SEC. 16. Section 11549.57 of the Government Code is amended to read:11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies.(b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network.(c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use.(d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.(e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter.(f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network. |
|---|
| 1238 | 1249 | | |
|---|
| 1239 | 1250 | | SEC. 16. Section 11549.57 of the Government Code is amended to read: |
|---|
| 1240 | 1251 | | |
|---|
| 1241 | 1252 | | ### SEC. 16. |
|---|
| 1242 | 1253 | | |
|---|
| 1243 | 1254 | | 11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies.(b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network.(c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use.(d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.(e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter.(f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network. |
|---|
| 1244 | 1255 | | |
|---|
| 1245 | 1256 | | 11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies.(b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network.(c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use.(d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.(e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter.(f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network. |
|---|
| 1246 | 1257 | | |
|---|
| 1247 | 1258 | | 11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies.(b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network.(c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use.(d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network.(e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter.(f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network. |
|---|
| 1248 | 1259 | | |
|---|
| 1249 | 1260 | | |
|---|
| 1250 | 1261 | | |
|---|
| 1251 | 1262 | | 11549.57. (a) In the operation of the statewide open-access middle-mile broadband network, the office may establish reasonable user policies, perform reasonable network management practices, and create related standards and policies. |
|---|
| 1252 | 1263 | | |
|---|
| 1253 | 1264 | | (b) The office shall ensure that there is a variety of services offered to internet service providers or other eligible entities on the statewide open-access middle-mile broadband network. |
|---|
| 1254 | 1265 | | |
|---|
| 1255 | 1266 | | (c) Where feasible, the office shall consider if the term of access to dark fiber shall be no less than a 20-year indefeasible right to use. |
|---|
| 1256 | 1267 | | |
|---|
| 1257 | 1268 | | (d) Where feasible, the office shall consider including excess conduit capacity in projects to ensure for potential growth of the statewide open-access middle-mile broadband network. |
|---|
| 1258 | 1269 | | |
|---|
| 1259 | 1270 | | (e) Where available, the office may only enter into an agreement for the indefeasible right-to-use fiber if the leased facilities and the number of fiber strands will deliver speeds comparable to those broadband facilities built or jointly built pursuant to this chapter. |
|---|
| 1260 | 1271 | | |
|---|
| 1261 | 1272 | | (f) This section does not prohibit the office from making a grant of dark fiber strands for purposes of enhancing the California Research and Education Network. |
|---|
| 1262 | 1273 | | |
|---|
| 1263 | 1274 | | SEC. 17. Section 11549.58 of the Government Code is amended to read:11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network.(b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor.(2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature.(c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network.(2) The broadband advisory committee shall comprise all of the following members:(A) A representative of the commission.(B) A representative of the department.(C) A representative of the Department of Transportation.(D) A representative of the Department of Finance.(E) A representative of the Government Operations Agency.(F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly.(G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules.(H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly.(I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee.(3) The representative of the department shall chair the broadband advisory committee.(d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter.(e) The third-party administrator shall seek policy advice from the broadband advisory committee.(f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following:(A) The total length of the statewide open-access middle-mile broadband network.(B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter.(C) The number of internet service providers using the statewide open-access middle-mile broadband network.(D) The number of households projected to connect to the statewide open-access middle-mile broadband network.(E) The total expenditures for each project, by quarter.(F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.(g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts. |
|---|
| 1264 | 1275 | | |
|---|
| 1265 | 1276 | | SEC. 17. Section 11549.58 of the Government Code is amended to read: |
|---|
| 1266 | 1277 | | |
|---|
| 1267 | 1278 | | ### SEC. 17. |
|---|
| 1268 | 1279 | | |
|---|
| 1269 | 1280 | | 11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network.(b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor.(2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature.(c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network.(2) The broadband advisory committee shall comprise all of the following members:(A) A representative of the commission.(B) A representative of the department.(C) A representative of the Department of Transportation.(D) A representative of the Department of Finance.(E) A representative of the Government Operations Agency.(F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly.(G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules.(H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly.(I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee.(3) The representative of the department shall chair the broadband advisory committee.(d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter.(e) The third-party administrator shall seek policy advice from the broadband advisory committee.(f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following:(A) The total length of the statewide open-access middle-mile broadband network.(B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter.(C) The number of internet service providers using the statewide open-access middle-mile broadband network.(D) The number of households projected to connect to the statewide open-access middle-mile broadband network.(E) The total expenditures for each project, by quarter.(F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.(g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts. |
|---|
| 1270 | 1281 | | |
|---|
| 1271 | 1282 | | 11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network.(b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor.(2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature.(c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network.(2) The broadband advisory committee shall comprise all of the following members:(A) A representative of the commission.(B) A representative of the department.(C) A representative of the Department of Transportation.(D) A representative of the Department of Finance.(E) A representative of the Government Operations Agency.(F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly.(G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules.(H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly.(I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee.(3) The representative of the department shall chair the broadband advisory committee.(d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter.(e) The third-party administrator shall seek policy advice from the broadband advisory committee.(f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following:(A) The total length of the statewide open-access middle-mile broadband network.(B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter.(C) The number of internet service providers using the statewide open-access middle-mile broadband network.(D) The number of households projected to connect to the statewide open-access middle-mile broadband network.(E) The total expenditures for each project, by quarter.(F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.(g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts. |
|---|
| 1272 | 1283 | | |
|---|
| 1273 | 1284 | | 11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network.(b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor.(2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature.(c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network.(2) The broadband advisory committee shall comprise all of the following members:(A) A representative of the commission.(B) A representative of the department.(C) A representative of the Department of Transportation.(D) A representative of the Department of Finance.(E) A representative of the Government Operations Agency.(F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly.(G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules.(H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly.(I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee.(3) The representative of the department shall chair the broadband advisory committee.(d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter.(e) The third-party administrator shall seek policy advice from the broadband advisory committee.(f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following:(A) The total length of the statewide open-access middle-mile broadband network.(B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter.(C) The number of internet service providers using the statewide open-access middle-mile broadband network.(D) The number of households projected to connect to the statewide open-access middle-mile broadband network.(E) The total expenditures for each project, by quarter.(F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report.(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.(g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts. |
|---|
| 1274 | 1285 | | |
|---|
| 1275 | 1286 | | |
|---|
| 1276 | 1287 | | |
|---|
| 1277 | 1288 | | 11549.58. (a) The department shall provide oversight and policy input for the statewide open-access middle-mile broadband network. |
|---|
| 1278 | 1289 | | |
|---|
| 1279 | 1290 | | (b) (1) Within the department shall be a Deputy Director for Broadband, who shall be appointed by, and hold office at the pleasure of, the Governor. |
|---|
| 1280 | 1291 | | |
|---|
| 1281 | 1292 | | (2) The Deputy Director for Broadband shall be the primary point of contact for the third-party administrator, the commission, the Department of Transportation, and the Legislature. |
|---|
| 1282 | 1293 | | |
|---|
| 1283 | 1294 | | (c) (1) The department shall establish a broadband advisory committee to monitor the construction and establishment of the statewide open-access middle-mile broadband network. |
|---|
| 1284 | 1295 | | |
|---|
| 1285 | 1296 | | (2) The broadband advisory committee shall comprise all of the following members: |
|---|
| 1286 | 1297 | | |
|---|
| 1287 | 1298 | | (A) A representative of the commission. |
|---|
| 1288 | 1299 | | |
|---|
| 1289 | 1300 | | (B) A representative of the department. |
|---|
| 1290 | 1301 | | |
|---|
| 1291 | 1302 | | (C) A representative of the Department of Transportation. |
|---|
| 1292 | 1303 | | |
|---|
| 1293 | 1304 | | (D) A representative of the Department of Finance. |
|---|
| 1294 | 1305 | | |
|---|
| 1295 | 1306 | | (E) A representative of the Government Operations Agency. |
|---|
| 1296 | 1307 | | |
|---|
| 1297 | 1308 | | (F) Two ex officio members, who shall be members of the Assembly and be appointed by the Speaker of the Assembly. These ex officio members shall serve at the pleasure of the Speaker of the Assembly. |
|---|
| 1298 | 1309 | | |
|---|
| 1299 | 1310 | | (G) Two ex officio members, who shall be members of the Senate and be appointed by the Senate Committee on Rules. These ex officio members shall serve at the pleasure of the Senate Committee on Rules. |
|---|
| 1300 | 1311 | | |
|---|
| 1301 | 1312 | | (H) A city, county, or city and county elected government official, who shall be appointed by the Speaker of the Assembly. This member shall serve at the pleasure of the Speaker of the Assembly. |
|---|
| 1302 | 1313 | | |
|---|
| 1303 | 1314 | | (I) A city, county, or city and county elected government official, who shall be appointed by the Senate Rules Committee. This member shall serve at the pleasure of the Senate Rules Committee. |
|---|
| 1304 | 1315 | | |
|---|
| 1305 | 1316 | | (3) The representative of the department shall chair the broadband advisory committee. |
|---|
| 1306 | 1317 | | |
|---|
| 1307 | 1318 | | (d) The broadband advisory committee shall meet no less often than monthly for the first 12 months following the effective date of this section, and shall meet quarterly thereafter. |
|---|
| 1308 | 1319 | | |
|---|
| 1309 | 1320 | | (e) The third-party administrator shall seek policy advice from the broadband advisory committee. |
|---|
| 1310 | 1321 | | |
|---|
| 1311 | 1322 | | (f) (1) On or before March 1, 2022, and annually thereafter, the office, in consultation with the department and the Department of Finance, shall report to both budget committees of the Legislature all of the following: |
|---|
| 1312 | 1323 | | |
|---|
| 1313 | 1324 | | (A) The total length of the statewide open-access middle-mile broadband network. |
|---|
| 1314 | 1325 | | |
|---|
| 1315 | 1326 | | (B) The length of the portion of the statewide open-access middle-mile broadband network constructed in the preceding year, by quarter. |
|---|
| 1316 | 1327 | | |
|---|
| 1317 | 1328 | | (C) The number of internet service providers using the statewide open-access middle-mile broadband network. |
|---|
| 1318 | 1329 | | |
|---|
| 1319 | 1330 | | (D) The number of households projected to connect to the statewide open-access middle-mile broadband network. |
|---|
| 1320 | 1331 | | |
|---|
| 1321 | 1332 | | (E) The total expenditures for each project, by quarter. |
|---|
| 1322 | 1333 | | |
|---|
| 1323 | 1334 | | (F) The projected goals for each of the metrics described in subparagraphs (A) to (E), inclusive, for the 18 months following the report. |
|---|
| 1324 | 1335 | | |
|---|
| 1325 | 1336 | | (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. |
|---|
| 1326 | 1337 | | |
|---|
| 1327 | 1338 | | (g) Upon execution of any contract for the lease, build, or joint-build of any portion of the middle-mile broadband network pursuant to this chapter, the department shall within 60 days update a map on its public internet website to identify those segments of this network that will be built, leased, or jointly built pursuant to those contracts. |
|---|
| 1328 | 1339 | | |
|---|
| 1329 | 1340 | | SEC. 18. Section 11549.59 is added to the Government Code, to read:11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter.(b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund.(c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund.(d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose.(2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter.(e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes.(2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes.(f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter.(g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations. |
|---|
| 1330 | 1341 | | |
|---|
| 1331 | 1342 | | SEC. 18. Section 11549.59 is added to the Government Code, to read: |
|---|
| 1332 | 1343 | | |
|---|
| 1333 | 1344 | | ### SEC. 18. |
|---|
| 1334 | 1345 | | |
|---|
| 1335 | 1346 | | 11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter.(b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund.(c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund.(d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose.(2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter.(e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes.(2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes.(f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter.(g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations. |
|---|
| 1336 | 1347 | | |
|---|
| 1337 | 1348 | | 11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter.(b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund.(c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund.(d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose.(2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter.(e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes.(2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes.(f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter.(g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations. |
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| 1338 | 1349 | | |
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| 1339 | 1350 | | 11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter.(b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund.(c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund.(d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose.(2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter.(e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes.(2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes.(f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter.(g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations. |
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| 1340 | 1351 | | |
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| 1341 | 1352 | | |
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| 1342 | 1353 | | |
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| 1343 | 1354 | | 11549.59. (a) The State Middle-Mile Broadband Enterprise Fund is hereby established within the State Treasury. Moneys in the fund shall be subject to this chapter. |
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| 1344 | 1355 | | |
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| 1345 | 1356 | | (b) All internet services providers, governmental entities, and other users of the statewide open-access middle-mile broadband network shall pay to the department, or its designee, fees for connection to the statewide open-access middle-mile broadband network pursuant to any contract for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network. All fees received by the department, or its designee, pursuant to the terms of the contract shall be deposited into the State Middle-Mile Broadband Enterprise Fund. |
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| 1346 | 1357 | | |
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| 1347 | 1358 | | (c) All revenues payable to the department for activities undertaken by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be deposited into the fund. |
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| 1348 | 1359 | | |
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| 1349 | 1360 | | (d) (1) Notwithstanding Section 13340, until July 1, 2027, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter, and shall not be used for any other purpose. |
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| 1350 | 1361 | | |
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| 1351 | 1362 | | (2) On or after July 1, 2027, moneys in the fund are available for expenditure, upon appropriation by the Legislature, for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter. |
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| 1352 | 1363 | | |
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| 1353 | 1364 | | (e) (1) Obligations authorized and expenses incurred by the department for the maintenance, operation, repair, and expansion of the statewide open-access middle-mile broadband network pursuant to this chapter shall be payable from the fund or any other money lawfully available to the department for these purposes. |
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| 1354 | 1365 | | |
|---|
| 1355 | 1366 | | (2) The department shall recover all of the costs it incurs for maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter from the fund established pursuant to this section or any other money lawfully available to the department for these purposes. |
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| 1356 | 1367 | | |
|---|
| 1357 | 1368 | | (f) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network pursuant to this chapter. |
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| 1358 | 1369 | | |
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| 1359 | 1370 | | (g) When fixed assets and leasehold interests procured under the authority of this chapter are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for the purposes of maintaining, operating, repairing, and expanding the statewide open-access middle-mile broadband network. Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this chapter shall be returned to the General Fund once all obligations of the department are satisfied after the closure of the fund. While any obligation of the department incurred under this chapter remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations. |
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| 1360 | 1371 | | |
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| 1361 | 1372 | | SEC. 19. Section 11788.1 of the Government Code is amended to read:11788.1. (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this chapter.(2) In order to accelerate economic mobility and inclusion for individuals that experience employment barriers, the purpose of the program shall be to provide financial assistance and technical assistance to employment social enterprises.(b) (1) The office shall administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents.(2) The office shall designate at least one fiscal agent to administer the program in accordance with Sections 11788.2 and 11788.3.(3) In implementing the program, the office or fiscal agents shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of employment social enterprises in the state. |
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| 1362 | 1373 | | |
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| 1363 | 1374 | | SEC. 19. Section 11788.1 of the Government Code is amended to read: |
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| 1364 | 1375 | | |
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| 1365 | 1376 | | ### SEC. 19. |
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| 1366 | 1377 | | |
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| 1367 | 1378 | | 11788.1. (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this chapter.(2) In order to accelerate economic mobility and inclusion for individuals that experience employment barriers, the purpose of the program shall be to provide financial assistance and technical assistance to employment social enterprises.(b) (1) The office shall administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents.(2) The office shall designate at least one fiscal agent to administer the program in accordance with Sections 11788.2 and 11788.3.(3) In implementing the program, the office or fiscal agents shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of employment social enterprises in the state. |
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| 1368 | 1379 | | |
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| 1369 | 1380 | | 11788.1. (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this chapter.(2) In order to accelerate economic mobility and inclusion for individuals that experience employment barriers, the purpose of the program shall be to provide financial assistance and technical assistance to employment social enterprises.(b) (1) The office shall administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents.(2) The office shall designate at least one fiscal agent to administer the program in accordance with Sections 11788.2 and 11788.3.(3) In implementing the program, the office or fiscal agents shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of employment social enterprises in the state. |
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| 1370 | 1381 | | |
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| 1371 | 1382 | | 11788.1. (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this chapter.(2) In order to accelerate economic mobility and inclusion for individuals that experience employment barriers, the purpose of the program shall be to provide financial assistance and technical assistance to employment social enterprises.(b) (1) The office shall administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents.(2) The office shall designate at least one fiscal agent to administer the program in accordance with Sections 11788.2 and 11788.3.(3) In implementing the program, the office or fiscal agents shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of employment social enterprises in the state. |
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| 1372 | 1383 | | |
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| 1373 | 1384 | | |
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| 1374 | 1385 | | |
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| 1375 | 1386 | | 11788.1. (a) (1) Upon appropriation by the Legislature, CalOSBA shall establish the California Regional Initiative for Social Enterprises Program pursuant to this chapter. |
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| 1376 | 1387 | | |
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| 1377 | 1388 | | (2) In order to accelerate economic mobility and inclusion for individuals that experience employment barriers, the purpose of the program shall be to provide financial assistance and technical assistance to employment social enterprises. |
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| 1378 | 1389 | | |
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| 1379 | 1390 | | (b) (1) The office shall administer the program to support employment social enterprises in the state through grants disbursed by one or more fiscal agents. |
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| 1380 | 1391 | | |
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| 1381 | 1392 | | (2) The office shall designate at least one fiscal agent to administer the program in accordance with Sections 11788.2 and 11788.3. |
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| 1382 | 1393 | | |
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| 1383 | 1394 | | (3) In implementing the program, the office or fiscal agents shall consult with local, regional, federal, and other state public and private entities that share a similar mission to support the needs of employment social enterprises in the state. |
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| 1384 | 1395 | | |
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| 1385 | 1396 | | SEC. 20. Section 11860 of the Government Code is amended to read:11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop enhancements to the system, utilize the system, and assist the department to maintain the system. This effort shall ensure best business practices by embracing opportunities to reengineer the states business processes and shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the department, a department or agency may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record by July 1, 2026, to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before December 31, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before December 31, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
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| 1386 | 1397 | | |
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| 1387 | 1398 | | SEC. 20. Section 11860 of the Government Code is amended to read: |
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| 1388 | 1399 | | |
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| 1389 | 1400 | | ### SEC. 20. |
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| 1390 | 1401 | | |
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| 1391 | 1402 | | 11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop enhancements to the system, utilize the system, and assist the department to maintain the system. This effort shall ensure best business practices by embracing opportunities to reengineer the states business processes and shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the department, a department or agency may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record by July 1, 2026, to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before December 31, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before December 31, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
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| 1392 | 1403 | | |
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| 1393 | 1404 | | 11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop enhancements to the system, utilize the system, and assist the department to maintain the system. This effort shall ensure best business practices by embracing opportunities to reengineer the states business processes and shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the department, a department or agency may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record by July 1, 2026, to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before December 31, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before December 31, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
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| 1394 | 1405 | | |
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| 1395 | 1406 | | 11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop enhancements to the system, utilize the system, and assist the department to maintain the system. This effort shall ensure best business practices by embracing opportunities to reengineer the states business processes and shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting.(b) State departments and agencies shall use the system, or, upon approval from the department, a department or agency may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system.(c) To facilitate the integration of the states accounting book of record by July 1, 2026, to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following:(1) On or before December 31, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2.(2) On or before December 31, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
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| 1396 | 1407 | | |
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| 1397 | 1408 | | |
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| 1398 | 1409 | | |
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| 1399 | 1410 | | 11860. (a) To serve the best interest of the state by optimizing the financial business management of the state, the partner agencies shall collaboratively develop enhancements to the system, utilize the system, and assist the department to maintain the system. This effort shall ensure best business practices by embracing opportunities to reengineer the states business processes and shall encompass the management of resources and funds in the areas of budgeting, accounting, procurement, cash management, financial management, financial reporting, cost accounting, asset accounting, project accounting, and grant accounting. |
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| 1400 | 1411 | | |
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| 1401 | 1412 | | (b) State departments and agencies shall use the system, or, upon approval from the department, a department or agency may interface its departmental system with the system. The system is intended to replace any existing central or departmental systems duplicative of the functionality of the system. |
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| 1402 | 1413 | | |
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| 1403 | 1414 | | (c) To facilitate the integration of the states accounting book of record by July 1, 2026, to the extent feasible pursuant to the objectives stated in Section 11854, the Controller shall do both of the following: |
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| 1404 | 1415 | | |
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| 1405 | 1416 | | (1) On or before December 31, 2023, provide the necessary system and interface requirements to the department to perform the accounting functions and produce the financial reports identified in Article 4 (commencing with Section 12460) of Chapter 5 of Part 2 of Division 3 of Title 2. |
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| 1406 | 1417 | | |
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| 1407 | 1418 | | (2) On or before December 31, 2023, with FISCal, evaluate and develop a timeline to complete the original scope for the Controllers accounting book of record functionality. The timeline shall be based on an analysis of the ability to onboard, complete workload, and consider resource constraints. The Controller shall report the findings of this evaluation and updated timeline to the fiscal committees of both houses at the time of budget hearings. |
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| 1408 | 1419 | | |
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| 1409 | 1420 | | SEC. 21. Section 12098.10 of the Government Code is amended to read:12098.10. (a) The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.(2) For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.(2) The company filing the registration shall submit a certification at least once every three years that the product is made in accordance with this section.(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).(f) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive February 15, regarding all of the following:(A) Program expenditures.(B) Program progress.(C) The number of companies registered for the Made in California label.(D) The number of products registered for the Made in California label.(E) The program fees collected.(F) Ongoing priorities with the program.(G) Any other information about the program that the office deems appropriate.(2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.(h) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.(i) The Legislature finds and declares all of the following:(1) If successful, the Made in California Program should be nearly or completely financially self-sustaining in the long term.(2) It may take several years for the Made in California Program to demonstrate its value to businesses that make products in California.(3) If the number of companies and products registered for the Made in California Program does not significantly increase by 2028, the state should strongly consider ending the program. |
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| 1410 | 1421 | | |
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| 1411 | 1422 | | SEC. 21. Section 12098.10 of the Government Code is amended to read: |
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| 1412 | 1423 | | |
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| 1413 | 1424 | | ### SEC. 21. |
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| 1414 | 1425 | | |
|---|
| 1415 | 1426 | | 12098.10. (a) The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.(2) For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.(2) The company filing the registration shall submit a certification at least once every three years that the product is made in accordance with this section.(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).(f) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive February 15, regarding all of the following:(A) Program expenditures.(B) Program progress.(C) The number of companies registered for the Made in California label.(D) The number of products registered for the Made in California label.(E) The program fees collected.(F) Ongoing priorities with the program.(G) Any other information about the program that the office deems appropriate.(2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.(h) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.(i) The Legislature finds and declares all of the following:(1) If successful, the Made in California Program should be nearly or completely financially self-sustaining in the long term.(2) It may take several years for the Made in California Program to demonstrate its value to businesses that make products in California.(3) If the number of companies and products registered for the Made in California Program does not significantly increase by 2028, the state should strongly consider ending the program. |
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| 1416 | 1427 | | |
|---|
| 1417 | 1428 | | 12098.10. (a) The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.(2) For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.(2) The company filing the registration shall submit a certification at least once every three years that the product is made in accordance with this section.(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).(f) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive February 15, regarding all of the following:(A) Program expenditures.(B) Program progress.(C) The number of companies registered for the Made in California label.(D) The number of products registered for the Made in California label.(E) The program fees collected.(F) Ongoing priorities with the program.(G) Any other information about the program that the office deems appropriate.(2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.(h) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.(i) The Legislature finds and declares all of the following:(1) If successful, the Made in California Program should be nearly or completely financially self-sustaining in the long term.(2) It may take several years for the Made in California Program to demonstrate its value to businesses that make products in California.(3) If the number of companies and products registered for the Made in California Program does not significantly increase by 2028, the state should strongly consider ending the program. |
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| 1418 | 1429 | | |
|---|
| 1419 | 1430 | | 12098.10. (a) The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state.(b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state.(2) For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product.(c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code.(d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement.(e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label.(2) The company filing the registration shall submit a certification at least once every three years that the product is made in accordance with this section.(3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h).(f) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h).(g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive February 15, regarding all of the following:(A) Program expenditures.(B) Program progress.(C) The number of companies registered for the Made in California label.(D) The number of products registered for the Made in California label.(E) The program fees collected.(F) Ongoing priorities with the program.(G) Any other information about the program that the office deems appropriate.(2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795.(h) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program.(i) The Legislature finds and declares all of the following:(1) If successful, the Made in California Program should be nearly or completely financially self-sustaining in the long term.(2) It may take several years for the Made in California Program to demonstrate its value to businesses that make products in California.(3) If the number of companies and products registered for the Made in California Program does not significantly increase by 2028, the state should strongly consider ending the program. |
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| 1420 | 1431 | | |
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| 1421 | 1432 | | |
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| 1422 | 1433 | | |
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| 1423 | 1434 | | 12098.10. (a) The Made in California Program, a public and private collaboration, is hereby created within the Governors Office of Business and Economic Development. The purposes of the program are to encourage consumer product awareness and to foster purchases of high-quality products made in this state. |
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| 1424 | 1435 | | |
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| 1425 | 1436 | | (b) (1) The office shall develop a program that permits a company to represent that a product is made in this state. To be eligible under the program, a company shall establish that the product is substantially made by an individual located in the state. |
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| 1426 | 1437 | | |
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| 1427 | 1438 | | (2) For purposes of this section, substantially made means completing an act that adds at least 51 percent of a final products wholesale value by manufacture, assembly, fabrication, or production to create a final, recognizable product. Substantially made does not include the act of packaging a product. |
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| 1428 | 1439 | | |
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| 1429 | 1440 | | (c) The program shall not apply to those agricultural products subject to the Buy California Program described in Section 58750 of the Food and Agricultural Code. |
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| 1430 | 1441 | | |
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| 1431 | 1442 | | (d) In accordance with the provisions of Chapter 1 (commencing with Section 58601) of Part 2 of Division 21 of the Food and Agricultural Code, the office may issue and make effective a marketing agreement, including, but not limited to, issuance of a Made in California label, and be advised by those California businesses willing to participate in the program on a voluntary basis via funding or in-kind contributions in a manner defined under the agreement. |
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| 1432 | 1443 | | |
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| 1433 | 1444 | | (e) (1) As part of the Made in California Program, the office shall require each company to register with the office for use of the Made in California label. |
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| 1434 | 1445 | | |
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| 1435 | 1446 | | (2) The company filing the registration shall submit a certification at least once every three years that the product is made in accordance with this section. |
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| 1436 | 1447 | | |
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| 1437 | 1448 | | (3) The office may require a fee to accompany the registration. The fee shall be determined by the office, and shall not exceed the reasonable costs to the office in providing the services for which it is charged, including, but not limited to, the costs to implement the marketing program. Proceeds from the fee shall be deposited in the Made in California Fund established in subdivision (h). |
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| 1438 | 1449 | | |
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| 1439 | 1450 | | (f) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing the Made in California Program. These donations shall be deposited in the Made in California Fund established in subdivision (h). |
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| 1440 | 1451 | | |
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| 1441 | 1452 | | (g) (1) Notwithstanding Section 10231.5, the office shall report to the Legislature on January 1, 2015, and each successive February 15, regarding all of the following: |
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| 1442 | 1453 | | |
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| 1443 | 1454 | | (A) Program expenditures. |
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| 1444 | 1455 | | |
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| 1445 | 1456 | | (B) Program progress. |
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| 1446 | 1457 | | |
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| 1447 | 1458 | | (C) The number of companies registered for the Made in California label. |
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| 1448 | 1459 | | |
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| 1449 | 1460 | | (D) The number of products registered for the Made in California label. |
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| 1450 | 1461 | | |
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| 1451 | 1462 | | (E) The program fees collected. |
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| 1452 | 1463 | | |
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| 1453 | 1464 | | (F) Ongoing priorities with the program. |
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| 1454 | 1465 | | |
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| 1455 | 1466 | | (G) Any other information about the program that the office deems appropriate. |
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| 1456 | 1467 | | |
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| 1457 | 1468 | | (2) The plan submitted to the Legislature pursuant to paragraph (1) shall be submitted pursuant to Section 9795. |
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| 1458 | 1469 | | |
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| 1459 | 1470 | | (h) The Made in California Fund is hereby created as a fund within the State Treasury. Notwithstanding Section 13340, funds deposited and maintained in the Made in California Fund that were donated pursuant to subdivision (f) are continuously appropriated, without regard to fiscal years, to the director, for the purposes of implementing the Made in California Program. Any other funds deposited and maintained in the Made in California Fund are available, subject to appropriation by the Legislature, for purposes of implementing the program. |
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| 1460 | 1471 | | |
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| 1461 | 1472 | | (i) The Legislature finds and declares all of the following: |
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| 1462 | 1473 | | |
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| 1463 | 1474 | | (1) If successful, the Made in California Program should be nearly or completely financially self-sustaining in the long term. |
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| 1464 | 1475 | | |
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| 1465 | 1476 | | (2) It may take several years for the Made in California Program to demonstrate its value to businesses that make products in California. |
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| 1466 | 1477 | | |
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| 1467 | 1478 | | (3) If the number of companies and products registered for the Made in California Program does not significantly increase by 2028, the state should strongly consider ending the program. |
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| 1468 | 1479 | | |
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| 1469 | 1480 | | SEC. 22. Section 12100.83.5 is added to the Government Code, to read:12100.83.5. (a) The California Venues Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible independent live events that have been affected by COVID-19 in order to support their continued operation.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this section.(e) (1) Subject to appropriation by the Legislature, the office shall allocate grants to eligible independent live events that meet the requirements of this section.(2) Subject to appropriation by the Legislature, one hundred fifty million dollars ($150,000,000) shall be allocated in one or more rounds to eligible independent live events.(f) For purposes of this section, the following definitions apply:(1) Eligible venue means a venue with all of the following characteristics:(A) A defined performance and audience space.(B) Mixing equipment, a public address system, and a lighting rig.(C) Engages one or more individuals to carry out not less than two of the following roles:(i) A sound engineer.(ii) A booker.(iii) A promoter.(iv) A stage manager.(v) Security personnel.(vi) A box office manager.(D) Is one of the three highest revenue grossing entities, locations, or franchises associated with the applicant.(E) For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers.(2) Eligible independent live event means an entity that satisfies all of the following:(A) Is a sole proprietor, C-corporation, S-corporation, cooperative, limited liability company, partnership, limited partnership, or a registered 501(c)(3) nonprofit entity that satisfies the criteria defined in subparagraphs (B) through (F), inclusive, of paragraph (1) of subdivision (g) of Section 12100.82.(B) Is in any of the following North American Industry Classification System (NAICS) codes, clauses (i) to (xiv), inclusive, or National Taxonomy of Exempt Entities (NTEE) codes, clauses (xv) to (xxxi), inclusive:(i) 512131 - Motion Picture Theaters (except Drive-Ins).(ii) (I) 512132 - Drive-In Motion Picture Theaters.(II) An entity that qualifies under this clause shall be an authentic drive-in motion picture theater. For purposes of this clause, authentic drive-in motion picture theater means a permanently constructed commercial motion picture drive-in theater of which the main purpose of the property is the outdoor exhibition of motion pictures for patrons in vehicles using professional Digital Cinema Initiatives (DCI) compliant digital projectors or 35mm or 70mm film.(iii) 7111 Performing Arts Companies.(iv) 711110 - Theater Companies and Dinner Theaters.(v) 711120 Dance Companies.(vi) 711130 Musical Groups and Artists.(vii) 711211 Sports Teams and Clubs.(viii) 7113 - Promoters of Performing Arts, Sports, and Similar Events.(ix) 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities.(x) 711320 - Promoters of Performing Arts, Sports, and Similar Events without Facilities.(xi) 7139 Other Amusement and Recreation Industries.(xii) 713990 All Other Amusement and Recreation.(xiii) 722410 Drinking Places (Alcoholic Beverages).(xiv) 722511 Full-Service Restaurants.(xv) A20 Arts, Cultural Organizations - Multipurpose.(xvi) A23 Cultural, Ethnic Awareness.(xvii) A25 Arts Education.(xviii) A50 Museums.(xix) A54 History Museums.(xx) A56 Natural History, Natural Science Museums.(xxi) A60 Performing Arts Organizations.(xxii) A61 Performing Arts Centers.(xxiii) A62 Dance.(xxiv) A63 Ballet.(xxv) A65 Theater.(xxvi) A68 Music.(xxvii) A69 Symphony Orchestras.(xxviii) A6A Opera.(xxix) A6B Singing, Choral.(xxx) A6C Music Groups, Bands, Ensembles.(xxxi) A90 Arts Service Organizations and Activities.(C) Is any of the following:(i) An individual or entity that meets both of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(ii) An individual or entity that, as a principal business activity, makes tickets to events available for purchase by the public an average of not less than 30 days before the date of the event, which shall meet both of the following:(I) The requirements of subclause (I) of clause (i).(II) Performers are paid in an amount that is based on a percentage of sales, a guarantee in writing or standard contract, or another mutually beneficial formal agreement.(iii) An individual or entity that meets all of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live sporting events at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(III) The individual or entity is not a major league or professional sports team or club, and is not owned by a major league or professional sports team or club.(3) Notwithstanding paragraph (2), eligible independent live event shall not include entities that satisfy any of the following:(A) Is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation.(B) Owns or operates entities in more than five states or in another country, or is owned by an entity that owns or operates entities in more than five states or in another country.(C) Generates less than 75 percent of its gross earned revenue in California.(D) Demonstrates a percentage gross earned revenue decline in California of less than 30 percent, based on a reporting period comparing Q2, Q3, and Q4 of 2020, compared to Q2, Q3, and Q4 of 2019.(E) Is an excluded entity as defined in paragraph (2) of subdivision (g) of Section 12100.82.(g) (1) Grants to eligible independent live events shall be prioritized on documented percentage gross earned revenue declines based on a reporting period comparing California gross earned revenues in Q2, Q3, and Q4 of 2020 and California gross earned revenues in Q2, Q3, and Q4 of 2019.(2) Grants awarded under this subdivision shall be in an amount equal to the lesser of two hundred fifty thousand dollars ($250,000) or 20 percent of the applicants gross earned revenue in California for the 2019 taxable year.(3) Eligible independent live event applicants shall complete a new and separate application for the grants allocated under this section even if they previously submitted an application for the California Small Business COVID-19 Relief Grant Program established in Section 12100.83.(4) If an eligible independent live event has been awarded a grant under the California Small Business COVID-19 Relief Grant Program established in Section 12100.83, the amount of that grant shall be subtracted from the grant amount awarded under this section. If the grant amount awarded under Section 12100.83 is greater than the amount awarded under this section, the eligible independent live event shall not receive a grant under this subdivision and no amount shall be subtracted.(5) The office shall not allocate more than twenty-five million dollars ($25,000,000) in grants to eligible independent live events that qualify under clause (iii) of subparagraph (C) of paragraph (2) of subdivision (f) unless all other eligible independent live events have received funding under this section or Section 12100.83.(h) Grant moneys awarded under this section shall only be used for costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, 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 March 1, 2020.(3) Costs associated with reopening business operations after being fully or partially closed due to state-mandated COVID-19 health and safety restrictions and business closures.(4) Costs associated with complying with COVID-19 federal, state, or local guidelines for reopening with required safety protocols, including, but not limited to, equipment, plexiglass barriers, outdoor dining, personal protective equipment (PPE) supplies, testing, and employee training expenses.(5) Any other COVID-19-related expenses not already covered through grants, forgivable loans, or other relief through federal, state, county, or city programs.(6) Any other COVID-19-related costs that are not human resource expenses for the state share of Medicaid, employee bonuses, severance pay, taxes, legal settlements, personal expenses, or other expenses unrelated to COVID-19 impacts, repairs from damages already covered by insurance, or reimbursement to donors for donated items or services.(i) An applicant may self-identify race, gender, and ethnicity. Within 30 business days of the close of each application period, the office shall post the aggregate data, as available, and data by county and legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the Office of Small Business Advocate (CalOSBA) internet website and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(j) The fiscal agent shall issue Forms 1099 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).(k) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1470 | 1481 | | |
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| 1471 | 1482 | | SEC. 22. Section 12100.83.5 is added to the Government Code, to read: |
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| 1472 | 1483 | | |
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| 1473 | 1484 | | ### SEC. 22. |
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| 1474 | 1485 | | |
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| 1475 | 1486 | | 12100.83.5. (a) The California Venues Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible independent live events that have been affected by COVID-19 in order to support their continued operation.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this section.(e) (1) Subject to appropriation by the Legislature, the office shall allocate grants to eligible independent live events that meet the requirements of this section.(2) Subject to appropriation by the Legislature, one hundred fifty million dollars ($150,000,000) shall be allocated in one or more rounds to eligible independent live events.(f) For purposes of this section, the following definitions apply:(1) Eligible venue means a venue with all of the following characteristics:(A) A defined performance and audience space.(B) Mixing equipment, a public address system, and a lighting rig.(C) Engages one or more individuals to carry out not less than two of the following roles:(i) A sound engineer.(ii) A booker.(iii) A promoter.(iv) A stage manager.(v) Security personnel.(vi) A box office manager.(D) Is one of the three highest revenue grossing entities, locations, or franchises associated with the applicant.(E) For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers.(2) Eligible independent live event means an entity that satisfies all of the following:(A) Is a sole proprietor, C-corporation, S-corporation, cooperative, limited liability company, partnership, limited partnership, or a registered 501(c)(3) nonprofit entity that satisfies the criteria defined in subparagraphs (B) through (F), inclusive, of paragraph (1) of subdivision (g) of Section 12100.82.(B) Is in any of the following North American Industry Classification System (NAICS) codes, clauses (i) to (xiv), inclusive, or National Taxonomy of Exempt Entities (NTEE) codes, clauses (xv) to (xxxi), inclusive:(i) 512131 - Motion Picture Theaters (except Drive-Ins).(ii) (I) 512132 - Drive-In Motion Picture Theaters.(II) An entity that qualifies under this clause shall be an authentic drive-in motion picture theater. For purposes of this clause, authentic drive-in motion picture theater means a permanently constructed commercial motion picture drive-in theater of which the main purpose of the property is the outdoor exhibition of motion pictures for patrons in vehicles using professional Digital Cinema Initiatives (DCI) compliant digital projectors or 35mm or 70mm film.(iii) 7111 Performing Arts Companies.(iv) 711110 - Theater Companies and Dinner Theaters.(v) 711120 Dance Companies.(vi) 711130 Musical Groups and Artists.(vii) 711211 Sports Teams and Clubs.(viii) 7113 - Promoters of Performing Arts, Sports, and Similar Events.(ix) 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities.(x) 711320 - Promoters of Performing Arts, Sports, and Similar Events without Facilities.(xi) 7139 Other Amusement and Recreation Industries.(xii) 713990 All Other Amusement and Recreation.(xiii) 722410 Drinking Places (Alcoholic Beverages).(xiv) 722511 Full-Service Restaurants.(xv) A20 Arts, Cultural Organizations - Multipurpose.(xvi) A23 Cultural, Ethnic Awareness.(xvii) A25 Arts Education.(xviii) A50 Museums.(xix) A54 History Museums.(xx) A56 Natural History, Natural Science Museums.(xxi) A60 Performing Arts Organizations.(xxii) A61 Performing Arts Centers.(xxiii) A62 Dance.(xxiv) A63 Ballet.(xxv) A65 Theater.(xxvi) A68 Music.(xxvii) A69 Symphony Orchestras.(xxviii) A6A Opera.(xxix) A6B Singing, Choral.(xxx) A6C Music Groups, Bands, Ensembles.(xxxi) A90 Arts Service Organizations and Activities.(C) Is any of the following:(i) An individual or entity that meets both of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(ii) An individual or entity that, as a principal business activity, makes tickets to events available for purchase by the public an average of not less than 30 days before the date of the event, which shall meet both of the following:(I) The requirements of subclause (I) of clause (i).(II) Performers are paid in an amount that is based on a percentage of sales, a guarantee in writing or standard contract, or another mutually beneficial formal agreement.(iii) An individual or entity that meets all of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live sporting events at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(III) The individual or entity is not a major league or professional sports team or club, and is not owned by a major league or professional sports team or club.(3) Notwithstanding paragraph (2), eligible independent live event shall not include entities that satisfy any of the following:(A) Is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation.(B) Owns or operates entities in more than five states or in another country, or is owned by an entity that owns or operates entities in more than five states or in another country.(C) Generates less than 75 percent of its gross earned revenue in California.(D) Demonstrates a percentage gross earned revenue decline in California of less than 30 percent, based on a reporting period comparing Q2, Q3, and Q4 of 2020, compared to Q2, Q3, and Q4 of 2019.(E) Is an excluded entity as defined in paragraph (2) of subdivision (g) of Section 12100.82.(g) (1) Grants to eligible independent live events shall be prioritized on documented percentage gross earned revenue declines based on a reporting period comparing California gross earned revenues in Q2, Q3, and Q4 of 2020 and California gross earned revenues in Q2, Q3, and Q4 of 2019.(2) Grants awarded under this subdivision shall be in an amount equal to the lesser of two hundred fifty thousand dollars ($250,000) or 20 percent of the applicants gross earned revenue in California for the 2019 taxable year.(3) Eligible independent live event applicants shall complete a new and separate application for the grants allocated under this section even if they previously submitted an application for the California Small Business COVID-19 Relief Grant Program established in Section 12100.83.(4) If an eligible independent live event has been awarded a grant under the California Small Business COVID-19 Relief Grant Program established in Section 12100.83, the amount of that grant shall be subtracted from the grant amount awarded under this section. If the grant amount awarded under Section 12100.83 is greater than the amount awarded under this section, the eligible independent live event shall not receive a grant under this subdivision and no amount shall be subtracted.(5) The office shall not allocate more than twenty-five million dollars ($25,000,000) in grants to eligible independent live events that qualify under clause (iii) of subparagraph (C) of paragraph (2) of subdivision (f) unless all other eligible independent live events have received funding under this section or Section 12100.83.(h) Grant moneys awarded under this section shall only be used for costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, 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 March 1, 2020.(3) Costs associated with reopening business operations after being fully or partially closed due to state-mandated COVID-19 health and safety restrictions and business closures.(4) Costs associated with complying with COVID-19 federal, state, or local guidelines for reopening with required safety protocols, including, but not limited to, equipment, plexiglass barriers, outdoor dining, personal protective equipment (PPE) supplies, testing, and employee training expenses.(5) Any other COVID-19-related expenses not already covered through grants, forgivable loans, or other relief through federal, state, county, or city programs.(6) Any other COVID-19-related costs that are not human resource expenses for the state share of Medicaid, employee bonuses, severance pay, taxes, legal settlements, personal expenses, or other expenses unrelated to COVID-19 impacts, repairs from damages already covered by insurance, or reimbursement to donors for donated items or services.(i) An applicant may self-identify race, gender, and ethnicity. Within 30 business days of the close of each application period, the office shall post the aggregate data, as available, and data by county and legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the Office of Small Business Advocate (CalOSBA) internet website and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(j) The fiscal agent shall issue Forms 1099 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).(k) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1476 | 1487 | | |
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| 1477 | 1488 | | 12100.83.5. (a) The California Venues Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible independent live events that have been affected by COVID-19 in order to support their continued operation.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this section.(e) (1) Subject to appropriation by the Legislature, the office shall allocate grants to eligible independent live events that meet the requirements of this section.(2) Subject to appropriation by the Legislature, one hundred fifty million dollars ($150,000,000) shall be allocated in one or more rounds to eligible independent live events.(f) For purposes of this section, the following definitions apply:(1) Eligible venue means a venue with all of the following characteristics:(A) A defined performance and audience space.(B) Mixing equipment, a public address system, and a lighting rig.(C) Engages one or more individuals to carry out not less than two of the following roles:(i) A sound engineer.(ii) A booker.(iii) A promoter.(iv) A stage manager.(v) Security personnel.(vi) A box office manager.(D) Is one of the three highest revenue grossing entities, locations, or franchises associated with the applicant.(E) For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers.(2) Eligible independent live event means an entity that satisfies all of the following:(A) Is a sole proprietor, C-corporation, S-corporation, cooperative, limited liability company, partnership, limited partnership, or a registered 501(c)(3) nonprofit entity that satisfies the criteria defined in subparagraphs (B) through (F), inclusive, of paragraph (1) of subdivision (g) of Section 12100.82.(B) Is in any of the following North American Industry Classification System (NAICS) codes, clauses (i) to (xiv), inclusive, or National Taxonomy of Exempt Entities (NTEE) codes, clauses (xv) to (xxxi), inclusive:(i) 512131 - Motion Picture Theaters (except Drive-Ins).(ii) (I) 512132 - Drive-In Motion Picture Theaters.(II) An entity that qualifies under this clause shall be an authentic drive-in motion picture theater. For purposes of this clause, authentic drive-in motion picture theater means a permanently constructed commercial motion picture drive-in theater of which the main purpose of the property is the outdoor exhibition of motion pictures for patrons in vehicles using professional Digital Cinema Initiatives (DCI) compliant digital projectors or 35mm or 70mm film.(iii) 7111 Performing Arts Companies.(iv) 711110 - Theater Companies and Dinner Theaters.(v) 711120 Dance Companies.(vi) 711130 Musical Groups and Artists.(vii) 711211 Sports Teams and Clubs.(viii) 7113 - Promoters of Performing Arts, Sports, and Similar Events.(ix) 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities.(x) 711320 - Promoters of Performing Arts, Sports, and Similar Events without Facilities.(xi) 7139 Other Amusement and Recreation Industries.(xii) 713990 All Other Amusement and Recreation.(xiii) 722410 Drinking Places (Alcoholic Beverages).(xiv) 722511 Full-Service Restaurants.(xv) A20 Arts, Cultural Organizations - Multipurpose.(xvi) A23 Cultural, Ethnic Awareness.(xvii) A25 Arts Education.(xviii) A50 Museums.(xix) A54 History Museums.(xx) A56 Natural History, Natural Science Museums.(xxi) A60 Performing Arts Organizations.(xxii) A61 Performing Arts Centers.(xxiii) A62 Dance.(xxiv) A63 Ballet.(xxv) A65 Theater.(xxvi) A68 Music.(xxvii) A69 Symphony Orchestras.(xxviii) A6A Opera.(xxix) A6B Singing, Choral.(xxx) A6C Music Groups, Bands, Ensembles.(xxxi) A90 Arts Service Organizations and Activities.(C) Is any of the following:(i) An individual or entity that meets both of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(ii) An individual or entity that, as a principal business activity, makes tickets to events available for purchase by the public an average of not less than 30 days before the date of the event, which shall meet both of the following:(I) The requirements of subclause (I) of clause (i).(II) Performers are paid in an amount that is based on a percentage of sales, a guarantee in writing or standard contract, or another mutually beneficial formal agreement.(iii) An individual or entity that meets all of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live sporting events at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(III) The individual or entity is not a major league or professional sports team or club, and is not owned by a major league or professional sports team or club.(3) Notwithstanding paragraph (2), eligible independent live event shall not include entities that satisfy any of the following:(A) Is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation.(B) Owns or operates entities in more than five states or in another country, or is owned by an entity that owns or operates entities in more than five states or in another country.(C) Generates less than 75 percent of its gross earned revenue in California.(D) Demonstrates a percentage gross earned revenue decline in California of less than 30 percent, based on a reporting period comparing Q2, Q3, and Q4 of 2020, compared to Q2, Q3, and Q4 of 2019.(E) Is an excluded entity as defined in paragraph (2) of subdivision (g) of Section 12100.82.(g) (1) Grants to eligible independent live events shall be prioritized on documented percentage gross earned revenue declines based on a reporting period comparing California gross earned revenues in Q2, Q3, and Q4 of 2020 and California gross earned revenues in Q2, Q3, and Q4 of 2019.(2) Grants awarded under this subdivision shall be in an amount equal to the lesser of two hundred fifty thousand dollars ($250,000) or 20 percent of the applicants gross earned revenue in California for the 2019 taxable year.(3) Eligible independent live event applicants shall complete a new and separate application for the grants allocated under this section even if they previously submitted an application for the California Small Business COVID-19 Relief Grant Program established in Section 12100.83.(4) If an eligible independent live event has been awarded a grant under the California Small Business COVID-19 Relief Grant Program established in Section 12100.83, the amount of that grant shall be subtracted from the grant amount awarded under this section. If the grant amount awarded under Section 12100.83 is greater than the amount awarded under this section, the eligible independent live event shall not receive a grant under this subdivision and no amount shall be subtracted.(5) The office shall not allocate more than twenty-five million dollars ($25,000,000) in grants to eligible independent live events that qualify under clause (iii) of subparagraph (C) of paragraph (2) of subdivision (f) unless all other eligible independent live events have received funding under this section or Section 12100.83.(h) Grant moneys awarded under this section shall only be used for costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, 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 March 1, 2020.(3) Costs associated with reopening business operations after being fully or partially closed due to state-mandated COVID-19 health and safety restrictions and business closures.(4) Costs associated with complying with COVID-19 federal, state, or local guidelines for reopening with required safety protocols, including, but not limited to, equipment, plexiglass barriers, outdoor dining, personal protective equipment (PPE) supplies, testing, and employee training expenses.(5) Any other COVID-19-related expenses not already covered through grants, forgivable loans, or other relief through federal, state, county, or city programs.(6) Any other COVID-19-related costs that are not human resource expenses for the state share of Medicaid, employee bonuses, severance pay, taxes, legal settlements, personal expenses, or other expenses unrelated to COVID-19 impacts, repairs from damages already covered by insurance, or reimbursement to donors for donated items or services.(i) An applicant may self-identify race, gender, and ethnicity. Within 30 business days of the close of each application period, the office shall post the aggregate data, as available, and data by county and legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the Office of Small Business Advocate (CalOSBA) internet website and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(j) The fiscal agent shall issue Forms 1099 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).(k) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1478 | 1489 | | |
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| 1479 | 1490 | | 12100.83.5. (a) The California Venues Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible independent live events that have been affected by COVID-19 in order to support their continued operation.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this section.(e) (1) Subject to appropriation by the Legislature, the office shall allocate grants to eligible independent live events that meet the requirements of this section.(2) Subject to appropriation by the Legislature, one hundred fifty million dollars ($150,000,000) shall be allocated in one or more rounds to eligible independent live events.(f) For purposes of this section, the following definitions apply:(1) Eligible venue means a venue with all of the following characteristics:(A) A defined performance and audience space.(B) Mixing equipment, a public address system, and a lighting rig.(C) Engages one or more individuals to carry out not less than two of the following roles:(i) A sound engineer.(ii) A booker.(iii) A promoter.(iv) A stage manager.(v) Security personnel.(vi) A box office manager.(D) Is one of the three highest revenue grossing entities, locations, or franchises associated with the applicant.(E) For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers.(2) Eligible independent live event means an entity that satisfies all of the following:(A) Is a sole proprietor, C-corporation, S-corporation, cooperative, limited liability company, partnership, limited partnership, or a registered 501(c)(3) nonprofit entity that satisfies the criteria defined in subparagraphs (B) through (F), inclusive, of paragraph (1) of subdivision (g) of Section 12100.82.(B) Is in any of the following North American Industry Classification System (NAICS) codes, clauses (i) to (xiv), inclusive, or National Taxonomy of Exempt Entities (NTEE) codes, clauses (xv) to (xxxi), inclusive:(i) 512131 - Motion Picture Theaters (except Drive-Ins).(ii) (I) 512132 - Drive-In Motion Picture Theaters.(II) An entity that qualifies under this clause shall be an authentic drive-in motion picture theater. For purposes of this clause, authentic drive-in motion picture theater means a permanently constructed commercial motion picture drive-in theater of which the main purpose of the property is the outdoor exhibition of motion pictures for patrons in vehicles using professional Digital Cinema Initiatives (DCI) compliant digital projectors or 35mm or 70mm film.(iii) 7111 Performing Arts Companies.(iv) 711110 - Theater Companies and Dinner Theaters.(v) 711120 Dance Companies.(vi) 711130 Musical Groups and Artists.(vii) 711211 Sports Teams and Clubs.(viii) 7113 - Promoters of Performing Arts, Sports, and Similar Events.(ix) 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities.(x) 711320 - Promoters of Performing Arts, Sports, and Similar Events without Facilities.(xi) 7139 Other Amusement and Recreation Industries.(xii) 713990 All Other Amusement and Recreation.(xiii) 722410 Drinking Places (Alcoholic Beverages).(xiv) 722511 Full-Service Restaurants.(xv) A20 Arts, Cultural Organizations - Multipurpose.(xvi) A23 Cultural, Ethnic Awareness.(xvii) A25 Arts Education.(xviii) A50 Museums.(xix) A54 History Museums.(xx) A56 Natural History, Natural Science Museums.(xxi) A60 Performing Arts Organizations.(xxii) A61 Performing Arts Centers.(xxiii) A62 Dance.(xxiv) A63 Ballet.(xxv) A65 Theater.(xxvi) A68 Music.(xxvii) A69 Symphony Orchestras.(xxviii) A6A Opera.(xxix) A6B Singing, Choral.(xxx) A6C Music Groups, Bands, Ensembles.(xxxi) A90 Arts Service Organizations and Activities.(C) Is any of the following:(i) An individual or entity that meets both of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(ii) An individual or entity that, as a principal business activity, makes tickets to events available for purchase by the public an average of not less than 30 days before the date of the event, which shall meet both of the following:(I) The requirements of subclause (I) of clause (i).(II) Performers are paid in an amount that is based on a percentage of sales, a guarantee in writing or standard contract, or another mutually beneficial formal agreement.(iii) An individual or entity that meets all of the following criteria:(I) As a principal business activity, organizes, promotes, produces, manages, or hosts live sporting events at an eligible venue where both of the following take place:(ia) A cover charge through ticketing or front door entrance fee is applied.(ib) Performers are paid.(II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise.(III) The individual or entity is not a major league or professional sports team or club, and is not owned by a major league or professional sports team or club.(3) Notwithstanding paragraph (2), eligible independent live event shall not include entities that satisfy any of the following:(A) Is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation.(B) Owns or operates entities in more than five states or in another country, or is owned by an entity that owns or operates entities in more than five states or in another country.(C) Generates less than 75 percent of its gross earned revenue in California.(D) Demonstrates a percentage gross earned revenue decline in California of less than 30 percent, based on a reporting period comparing Q2, Q3, and Q4 of 2020, compared to Q2, Q3, and Q4 of 2019.(E) Is an excluded entity as defined in paragraph (2) of subdivision (g) of Section 12100.82.(g) (1) Grants to eligible independent live events shall be prioritized on documented percentage gross earned revenue declines based on a reporting period comparing California gross earned revenues in Q2, Q3, and Q4 of 2020 and California gross earned revenues in Q2, Q3, and Q4 of 2019.(2) Grants awarded under this subdivision shall be in an amount equal to the lesser of two hundred fifty thousand dollars ($250,000) or 20 percent of the applicants gross earned revenue in California for the 2019 taxable year.(3) Eligible independent live event applicants shall complete a new and separate application for the grants allocated under this section even if they previously submitted an application for the California Small Business COVID-19 Relief Grant Program established in Section 12100.83.(4) If an eligible independent live event has been awarded a grant under the California Small Business COVID-19 Relief Grant Program established in Section 12100.83, the amount of that grant shall be subtracted from the grant amount awarded under this section. If the grant amount awarded under Section 12100.83 is greater than the amount awarded under this section, the eligible independent live event shall not receive a grant under this subdivision and no amount shall be subtracted.(5) The office shall not allocate more than twenty-five million dollars ($25,000,000) in grants to eligible independent live events that qualify under clause (iii) of subparagraph (C) of paragraph (2) of subdivision (f) unless all other eligible independent live events have received funding under this section or Section 12100.83.(h) Grant moneys awarded under this section shall only be used for costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, 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 March 1, 2020.(3) Costs associated with reopening business operations after being fully or partially closed due to state-mandated COVID-19 health and safety restrictions and business closures.(4) Costs associated with complying with COVID-19 federal, state, or local guidelines for reopening with required safety protocols, including, but not limited to, equipment, plexiglass barriers, outdoor dining, personal protective equipment (PPE) supplies, testing, and employee training expenses.(5) Any other COVID-19-related expenses not already covered through grants, forgivable loans, or other relief through federal, state, county, or city programs.(6) Any other COVID-19-related costs that are not human resource expenses for the state share of Medicaid, employee bonuses, severance pay, taxes, legal settlements, personal expenses, or other expenses unrelated to COVID-19 impacts, repairs from damages already covered by insurance, or reimbursement to donors for donated items or services.(i) An applicant may self-identify race, gender, and ethnicity. Within 30 business days of the close of each application period, the office shall post the aggregate data, as available, and data by county and legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the Office of Small Business Advocate (CalOSBA) internet website and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(j) The fiscal agent shall issue Forms 1099 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).(k) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1480 | 1491 | | |
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| 1481 | 1492 | | |
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| 1482 | 1493 | | |
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| 1483 | 1494 | | 12100.83.5. (a) The California Venues Grant Program is hereby created within CalOSBA. |
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| 1484 | 1495 | | |
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| 1485 | 1496 | | (b) The program shall be under the direct authority of the director. |
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| 1486 | 1497 | | |
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| 1487 | 1498 | | (c) The purpose of the program is to provide grants to eligible independent live events that have been affected by COVID-19 in order to support their continued operation. |
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| 1488 | 1499 | | |
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| 1489 | 1500 | | (d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this section. |
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| 1490 | 1501 | | |
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| 1491 | 1502 | | (e) (1) Subject to appropriation by the Legislature, the office shall allocate grants to eligible independent live events that meet the requirements of this section. |
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| 1492 | 1503 | | |
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| 1493 | 1504 | | (2) Subject to appropriation by the Legislature, one hundred fifty million dollars ($150,000,000) shall be allocated in one or more rounds to eligible independent live events. |
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| 1494 | 1505 | | |
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| 1495 | 1506 | | (f) For purposes of this section, the following definitions apply: |
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| 1496 | 1507 | | |
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| 1497 | 1508 | | (1) Eligible venue means a venue with all of the following characteristics: |
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| 1498 | 1509 | | |
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| 1499 | 1510 | | (A) A defined performance and audience space. |
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| 1500 | 1511 | | |
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| 1501 | 1512 | | (B) Mixing equipment, a public address system, and a lighting rig. |
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| 1502 | 1513 | | |
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| 1503 | 1514 | | (C) Engages one or more individuals to carry out not less than two of the following roles: |
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| 1504 | 1515 | | |
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| 1505 | 1516 | | (i) A sound engineer. |
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| 1506 | 1517 | | |
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| 1507 | 1518 | | (ii) A booker. |
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| 1508 | 1519 | | |
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| 1509 | 1520 | | (iii) A promoter. |
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| 1510 | 1521 | | |
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| 1511 | 1522 | | (iv) A stage manager. |
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| 1512 | 1523 | | |
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| 1513 | 1524 | | (v) Security personnel. |
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| 1514 | 1525 | | |
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| 1515 | 1526 | | (vi) A box office manager. |
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| 1516 | 1527 | | |
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| 1517 | 1528 | | (D) Is one of the three highest revenue grossing entities, locations, or franchises associated with the applicant. |
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| 1518 | 1529 | | |
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| 1519 | 1530 | | (E) For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers. |
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| 1520 | 1531 | | |
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| 1521 | 1532 | | (2) Eligible independent live event means an entity that satisfies all of the following: |
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| 1522 | 1533 | | |
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| 1523 | 1534 | | (A) Is a sole proprietor, C-corporation, S-corporation, cooperative, limited liability company, partnership, limited partnership, or a registered 501(c)(3) nonprofit entity that satisfies the criteria defined in subparagraphs (B) through (F), inclusive, of paragraph (1) of subdivision (g) of Section 12100.82. |
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| 1524 | 1535 | | |
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| 1525 | 1536 | | (B) Is in any of the following North American Industry Classification System (NAICS) codes, clauses (i) to (xiv), inclusive, or National Taxonomy of Exempt Entities (NTEE) codes, clauses (xv) to (xxxi), inclusive: |
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| 1526 | 1537 | | |
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| 1527 | 1538 | | (i) 512131 - Motion Picture Theaters (except Drive-Ins). |
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| 1528 | 1539 | | |
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| 1529 | 1540 | | (ii) (I) 512132 - Drive-In Motion Picture Theaters. |
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| 1530 | 1541 | | |
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| 1531 | 1542 | | (II) An entity that qualifies under this clause shall be an authentic drive-in motion picture theater. For purposes of this clause, authentic drive-in motion picture theater means a permanently constructed commercial motion picture drive-in theater of which the main purpose of the property is the outdoor exhibition of motion pictures for patrons in vehicles using professional Digital Cinema Initiatives (DCI) compliant digital projectors or 35mm or 70mm film. |
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| 1532 | 1543 | | |
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| 1533 | 1544 | | (iii) 7111 Performing Arts Companies. |
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| 1534 | 1545 | | |
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| 1535 | 1546 | | (iv) 711110 - Theater Companies and Dinner Theaters. |
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| 1536 | 1547 | | |
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| 1537 | 1548 | | (v) 711120 Dance Companies. |
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| 1538 | 1549 | | |
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| 1539 | 1550 | | (vi) 711130 Musical Groups and Artists. |
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| 1540 | 1551 | | |
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| 1541 | 1552 | | (vii) 711211 Sports Teams and Clubs. |
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| 1542 | 1553 | | |
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| 1543 | 1554 | | (viii) 7113 - Promoters of Performing Arts, Sports, and Similar Events. |
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| 1544 | 1555 | | |
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| 1545 | 1556 | | (ix) 711310 - Promoters of Performing Arts, Sports, and Similar Events with Facilities. |
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| 1546 | 1557 | | |
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| 1547 | 1558 | | (x) 711320 - Promoters of Performing Arts, Sports, and Similar Events without Facilities. |
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| 1548 | 1559 | | |
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| 1549 | 1560 | | (xi) 7139 Other Amusement and Recreation Industries. |
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| 1550 | 1561 | | |
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| 1551 | 1562 | | (xii) 713990 All Other Amusement and Recreation. |
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| 1552 | 1563 | | |
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| 1553 | 1564 | | (xiii) 722410 Drinking Places (Alcoholic Beverages). |
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| 1554 | 1565 | | |
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| 1555 | 1566 | | (xiv) 722511 Full-Service Restaurants. |
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| 1556 | 1567 | | |
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| 1557 | 1568 | | (xv) A20 Arts, Cultural Organizations - Multipurpose. |
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| 1558 | 1569 | | |
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| 1559 | 1570 | | (xvi) A23 Cultural, Ethnic Awareness. |
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| 1560 | 1571 | | |
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| 1561 | 1572 | | (xvii) A25 Arts Education. |
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| 1562 | 1573 | | |
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| 1563 | 1574 | | (xviii) A50 Museums. |
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| 1564 | 1575 | | |
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| 1565 | 1576 | | (xix) A54 History Museums. |
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| 1566 | 1577 | | |
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| 1567 | 1578 | | (xx) A56 Natural History, Natural Science Museums. |
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| 1568 | 1579 | | |
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| 1569 | 1580 | | (xxi) A60 Performing Arts Organizations. |
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| 1570 | 1581 | | |
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| 1571 | 1582 | | (xxii) A61 Performing Arts Centers. |
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| 1572 | 1583 | | |
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| 1573 | 1584 | | (xxiii) A62 Dance. |
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| 1574 | 1585 | | |
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| 1575 | 1586 | | (xxiv) A63 Ballet. |
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| 1576 | 1587 | | |
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| 1577 | 1588 | | (xxv) A65 Theater. |
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| 1578 | 1589 | | |
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| 1579 | 1590 | | (xxvi) A68 Music. |
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| 1580 | 1591 | | |
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| 1581 | 1592 | | (xxvii) A69 Symphony Orchestras. |
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| 1582 | 1593 | | |
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| 1583 | 1594 | | (xxviii) A6A Opera. |
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| 1584 | 1595 | | |
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| 1585 | 1596 | | (xxix) A6B Singing, Choral. |
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| 1586 | 1597 | | |
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| 1587 | 1598 | | (xxx) A6C Music Groups, Bands, Ensembles. |
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| 1588 | 1599 | | |
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| 1589 | 1600 | | (xxxi) A90 Arts Service Organizations and Activities. |
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| 1590 | 1601 | | |
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| 1591 | 1602 | | (C) Is any of the following: |
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| 1592 | 1603 | | |
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| 1593 | 1604 | | (i) An individual or entity that meets both of the following criteria: |
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| 1594 | 1605 | | |
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| 1595 | 1606 | | (I) As a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists at an eligible venue where both of the following take place: |
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| 1596 | 1607 | | |
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| 1597 | 1608 | | (ia) A cover charge through ticketing or front door entrance fee is applied. |
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| 1598 | 1609 | | |
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| 1599 | 1610 | | (ib) Performers are paid. |
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| 1600 | 1611 | | |
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| 1601 | 1612 | | (II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise. |
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| 1602 | 1613 | | |
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| 1603 | 1614 | | (ii) An individual or entity that, as a principal business activity, makes tickets to events available for purchase by the public an average of not less than 30 days before the date of the event, which shall meet both of the following: |
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| 1604 | 1615 | | |
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| 1605 | 1616 | | (I) The requirements of subclause (I) of clause (i). |
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| 1606 | 1617 | | |
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| 1607 | 1618 | | (II) Performers are paid in an amount that is based on a percentage of sales, a guarantee in writing or standard contract, or another mutually beneficial formal agreement. |
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| 1608 | 1619 | | |
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| 1609 | 1620 | | (iii) An individual or entity that meets all of the following criteria: |
|---|
| 1610 | 1621 | | |
|---|
| 1611 | 1622 | | (I) As a principal business activity, organizes, promotes, produces, manages, or hosts live sporting events at an eligible venue where both of the following take place: |
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| 1612 | 1623 | | |
|---|
| 1613 | 1624 | | (ia) A cover charge through ticketing or front door entrance fee is applied. |
|---|
| 1614 | 1625 | | |
|---|
| 1615 | 1626 | | (ib) Performers are paid. |
|---|
| 1616 | 1627 | | |
|---|
| 1617 | 1628 | | (II) At least 70 percent of the earned revenue of the individual or entity is generated through cover charges or ticket sales, production fees or production reimbursements, or the sale of event beverages, food, or merchandise. |
|---|
| 1618 | 1629 | | |
|---|
| 1619 | 1630 | | (III) The individual or entity is not a major league or professional sports team or club, and is not owned by a major league or professional sports team or club. |
|---|
| 1620 | 1631 | | |
|---|
| 1621 | 1632 | | (3) Notwithstanding paragraph (2), eligible independent live event shall not include entities that satisfy any of the following: |
|---|
| 1622 | 1633 | | |
|---|
| 1623 | 1634 | | (A) Is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation. |
|---|
| 1624 | 1635 | | |
|---|
| 1625 | 1636 | | (B) Owns or operates entities in more than five states or in another country, or is owned by an entity that owns or operates entities in more than five states or in another country. |
|---|
| 1626 | 1637 | | |
|---|
| 1627 | 1638 | | (C) Generates less than 75 percent of its gross earned revenue in California. |
|---|
| 1628 | 1639 | | |
|---|
| 1629 | 1640 | | (D) Demonstrates a percentage gross earned revenue decline in California of less than 30 percent, based on a reporting period comparing Q2, Q3, and Q4 of 2020, compared to Q2, Q3, and Q4 of 2019. |
|---|
| 1630 | 1641 | | |
|---|
| 1631 | 1642 | | (E) Is an excluded entity as defined in paragraph (2) of subdivision (g) of Section 12100.82. |
|---|
| 1632 | 1643 | | |
|---|
| 1633 | 1644 | | (g) (1) Grants to eligible independent live events shall be prioritized on documented percentage gross earned revenue declines based on a reporting period comparing California gross earned revenues in Q2, Q3, and Q4 of 2020 and California gross earned revenues in Q2, Q3, and Q4 of 2019. |
|---|
| 1634 | 1645 | | |
|---|
| 1635 | 1646 | | (2) Grants awarded under this subdivision shall be in an amount equal to the lesser of two hundred fifty thousand dollars ($250,000) or 20 percent of the applicants gross earned revenue in California for the 2019 taxable year. |
|---|
| 1636 | 1647 | | |
|---|
| 1637 | 1648 | | (3) Eligible independent live event applicants shall complete a new and separate application for the grants allocated under this section even if they previously submitted an application for the California Small Business COVID-19 Relief Grant Program established in Section 12100.83. |
|---|
| 1638 | 1649 | | |
|---|
| 1639 | 1650 | | (4) If an eligible independent live event has been awarded a grant under the California Small Business COVID-19 Relief Grant Program established in Section 12100.83, the amount of that grant shall be subtracted from the grant amount awarded under this section. If the grant amount awarded under Section 12100.83 is greater than the amount awarded under this section, the eligible independent live event shall not receive a grant under this subdivision and no amount shall be subtracted. |
|---|
| 1640 | 1651 | | |
|---|
| 1641 | 1652 | | (5) The office shall not allocate more than twenty-five million dollars ($25,000,000) in grants to eligible independent live events that qualify under clause (iii) of subparagraph (C) of paragraph (2) of subdivision (f) unless all other eligible independent live events have received funding under this section or Section 12100.83. |
|---|
| 1642 | 1653 | | |
|---|
| 1643 | 1654 | | (h) Grant moneys awarded under this section shall only be used for costs resulting from the COVID-19 pandemic and related health and safety restrictions, or business interruptions or closures incurred as a result of the COVID-19 pandemic, including the following: |
|---|
| 1644 | 1655 | | |
|---|
| 1645 | 1656 | | (1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. |
|---|
| 1646 | 1657 | | |
|---|
| 1647 | 1658 | | (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 March 1, 2020. |
|---|
| 1648 | 1659 | | |
|---|
| 1649 | 1660 | | (3) Costs associated with reopening business operations after being fully or partially closed due to state-mandated COVID-19 health and safety restrictions and business closures. |
|---|
| 1650 | 1661 | | |
|---|
| 1651 | 1662 | | (4) Costs associated with complying with COVID-19 federal, state, or local guidelines for reopening with required safety protocols, including, but not limited to, equipment, plexiglass barriers, outdoor dining, personal protective equipment (PPE) supplies, testing, and employee training expenses. |
|---|
| 1652 | 1663 | | |
|---|
| 1653 | 1664 | | (5) Any other COVID-19-related expenses not already covered through grants, forgivable loans, or other relief through federal, state, county, or city programs. |
|---|
| 1654 | 1665 | | |
|---|
| 1655 | 1666 | | (6) Any other COVID-19-related costs that are not human resource expenses for the state share of Medicaid, employee bonuses, severance pay, taxes, legal settlements, personal expenses, or other expenses unrelated to COVID-19 impacts, repairs from damages already covered by insurance, or reimbursement to donors for donated items or services. |
|---|
| 1656 | 1667 | | |
|---|
| 1657 | 1668 | | (i) An applicant may self-identify race, gender, and ethnicity. Within 30 business days of the close of each application period, the office shall post the aggregate data, as available, and data by county and legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the Office of Small Business Advocate (CalOSBA) internet website and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature. |
|---|
| 1658 | 1669 | | |
|---|
| 1659 | 1670 | | (j) The fiscal agent shall issue Forms 1099 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). |
|---|
| 1660 | 1671 | | |
|---|
| 1661 | 1672 | | (k) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1662 | 1673 | | |
|---|
| 1663 | 1674 | | SEC. 23. Section 12100.83.6 of the Government Code is amended to read:12100.83.6. (a) The California Nonprofit Performing Arts Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible nonprofit performing arts organizations to encourage workforce development.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for the purposes of this section.(e) Subject to appropriation by the Legislature, the office shall allocate grants to eligible nonprofit performing arts organizations that meet the requirements of this section.(f) (1) Subject to appropriation by the Legislature, forty-nine million five hundred thousand dollars ($49,500,000) of program funds shall be allocated in one or more rounds to eligible nonprofit performing arts organizations.(2) For purposes of this subdivision, an eligible nonprofit performing arts organization means a registered 501(c)(3) nonprofit entity that satisfies the criteria for a qualified small business pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(3) Grants under this subdivision shall be awarded on a first-come, first-served basis in the following amounts:(A) Twenty-five thousand dollars ($25,000) for applicants with annual gross revenue greater than one thousand dollars ($1,000) to one hundred thousand dollars ($100,000) in the 2019 taxable year.(B) Fifty thousand dollars ($50,000) for applicants with annual gross revenue greater than one hundred thousand dollars ($100,000), and up to one million dollars ($1,000,000) in the 2019 taxable year.(C) Seventy-five thousand dollars ($75,000) for applicants with annual gross revenue greater than one million dollars ($1,000,000), and up to two million dollars ($2,000,000) in the 2019 taxable year.(4) A registered 501(c)(3) nonprofit entity, without regard to its annual gross revenue, may be eligible for funds if it serves as a fiscal sponsor for entities that are qualified small businesses pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(g) Grant moneys awarded under this section shall only be used for the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Contributions or payments to a centralized payroll service.(3) Recruitment, training, development, and other human resources related expenses.(4) Other operating expenses or equipment for employees.(h) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, the office shall post the aggregate data, as available. Within 15 business days of the close of each application period, the office shall post data by legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the internet website of the Office of Small Business Advocate (CalOSBA) and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) 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 or serve a disadvantaged community as described in 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.(I) Geography.(i) The fiscal agent shall issue Form 1099 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).(j) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1664 | 1675 | | |
|---|
| 1665 | 1676 | | SEC. 23. Section 12100.83.6 of the Government Code is amended to read: |
|---|
| 1666 | 1677 | | |
|---|
| 1667 | 1678 | | ### SEC. 23. |
|---|
| 1668 | 1679 | | |
|---|
| 1669 | 1680 | | 12100.83.6. (a) The California Nonprofit Performing Arts Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible nonprofit performing arts organizations to encourage workforce development.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for the purposes of this section.(e) Subject to appropriation by the Legislature, the office shall allocate grants to eligible nonprofit performing arts organizations that meet the requirements of this section.(f) (1) Subject to appropriation by the Legislature, forty-nine million five hundred thousand dollars ($49,500,000) of program funds shall be allocated in one or more rounds to eligible nonprofit performing arts organizations.(2) For purposes of this subdivision, an eligible nonprofit performing arts organization means a registered 501(c)(3) nonprofit entity that satisfies the criteria for a qualified small business pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(3) Grants under this subdivision shall be awarded on a first-come, first-served basis in the following amounts:(A) Twenty-five thousand dollars ($25,000) for applicants with annual gross revenue greater than one thousand dollars ($1,000) to one hundred thousand dollars ($100,000) in the 2019 taxable year.(B) Fifty thousand dollars ($50,000) for applicants with annual gross revenue greater than one hundred thousand dollars ($100,000), and up to one million dollars ($1,000,000) in the 2019 taxable year.(C) Seventy-five thousand dollars ($75,000) for applicants with annual gross revenue greater than one million dollars ($1,000,000), and up to two million dollars ($2,000,000) in the 2019 taxable year.(4) A registered 501(c)(3) nonprofit entity, without regard to its annual gross revenue, may be eligible for funds if it serves as a fiscal sponsor for entities that are qualified small businesses pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(g) Grant moneys awarded under this section shall only be used for the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Contributions or payments to a centralized payroll service.(3) Recruitment, training, development, and other human resources related expenses.(4) Other operating expenses or equipment for employees.(h) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, the office shall post the aggregate data, as available. Within 15 business days of the close of each application period, the office shall post data by legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the internet website of the Office of Small Business Advocate (CalOSBA) and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) 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 or serve a disadvantaged community as described in 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.(I) Geography.(i) The fiscal agent shall issue Form 1099 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).(j) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1670 | 1681 | | |
|---|
| 1671 | 1682 | | 12100.83.6. (a) The California Nonprofit Performing Arts Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible nonprofit performing arts organizations to encourage workforce development.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for the purposes of this section.(e) Subject to appropriation by the Legislature, the office shall allocate grants to eligible nonprofit performing arts organizations that meet the requirements of this section.(f) (1) Subject to appropriation by the Legislature, forty-nine million five hundred thousand dollars ($49,500,000) of program funds shall be allocated in one or more rounds to eligible nonprofit performing arts organizations.(2) For purposes of this subdivision, an eligible nonprofit performing arts organization means a registered 501(c)(3) nonprofit entity that satisfies the criteria for a qualified small business pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(3) Grants under this subdivision shall be awarded on a first-come, first-served basis in the following amounts:(A) Twenty-five thousand dollars ($25,000) for applicants with annual gross revenue greater than one thousand dollars ($1,000) to one hundred thousand dollars ($100,000) in the 2019 taxable year.(B) Fifty thousand dollars ($50,000) for applicants with annual gross revenue greater than one hundred thousand dollars ($100,000), and up to one million dollars ($1,000,000) in the 2019 taxable year.(C) Seventy-five thousand dollars ($75,000) for applicants with annual gross revenue greater than one million dollars ($1,000,000), and up to two million dollars ($2,000,000) in the 2019 taxable year.(4) A registered 501(c)(3) nonprofit entity, without regard to its annual gross revenue, may be eligible for funds if it serves as a fiscal sponsor for entities that are qualified small businesses pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(g) Grant moneys awarded under this section shall only be used for the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Contributions or payments to a centralized payroll service.(3) Recruitment, training, development, and other human resources related expenses.(4) Other operating expenses or equipment for employees.(h) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, the office shall post the aggregate data, as available. Within 15 business days of the close of each application period, the office shall post data by legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the internet website of the Office of Small Business Advocate (CalOSBA) and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) 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 or serve a disadvantaged community as described in 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.(I) Geography.(i) The fiscal agent shall issue Form 1099 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).(j) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1672 | 1683 | | |
|---|
| 1673 | 1684 | | 12100.83.6. (a) The California Nonprofit Performing Arts Grant Program is hereby created within CalOSBA.(b) The program shall be under the direct authority of the director.(c) The purpose of the program is to provide grants to eligible nonprofit performing arts organizations to encourage workforce development.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for the purposes of this section.(e) Subject to appropriation by the Legislature, the office shall allocate grants to eligible nonprofit performing arts organizations that meet the requirements of this section.(f) (1) Subject to appropriation by the Legislature, forty-nine million five hundred thousand dollars ($49,500,000) of program funds shall be allocated in one or more rounds to eligible nonprofit performing arts organizations.(2) For purposes of this subdivision, an eligible nonprofit performing arts organization means a registered 501(c)(3) nonprofit entity that satisfies the criteria for a qualified small business pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(3) Grants under this subdivision shall be awarded on a first-come, first-served basis in the following amounts:(A) Twenty-five thousand dollars ($25,000) for applicants with annual gross revenue greater than one thousand dollars ($1,000) to one hundred thousand dollars ($100,000) in the 2019 taxable year.(B) Fifty thousand dollars ($50,000) for applicants with annual gross revenue greater than one hundred thousand dollars ($100,000), and up to one million dollars ($1,000,000) in the 2019 taxable year.(C) Seventy-five thousand dollars ($75,000) for applicants with annual gross revenue greater than one million dollars ($1,000,000), and up to two million dollars ($2,000,000) in the 2019 taxable year.(4) A registered 501(c)(3) nonprofit entity, without regard to its annual gross revenue, may be eligible for funds if it serves as a fiscal sponsor for entities that are qualified small businesses pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes:(A) 711110 - Theater Companies and Dinner Theaters.(B) 711120 - Dance Companies.(C) 711130 - Musical Groups and Artists.(D) 711190 - Other Performing Arts Companies.(g) Grant moneys awarded under this section shall only be used for the following:(1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(2) Contributions or payments to a centralized payroll service.(3) Recruitment, training, development, and other human resources related expenses.(4) Other operating expenses or equipment for employees.(h) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, the office shall post the aggregate data, as available. Within 15 business days of the close of each application period, the office shall post data by legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the internet website of the Office of Small Business Advocate (CalOSBA) and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) 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 or serve a disadvantaged community as described in 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.(I) Geography.(i) The fiscal agent shall issue Form 1099 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).(j) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1674 | 1685 | | |
|---|
| 1675 | 1686 | | |
|---|
| 1676 | 1687 | | |
|---|
| 1677 | 1688 | | 12100.83.6. (a) The California Nonprofit Performing Arts Grant Program is hereby created within CalOSBA. |
|---|
| 1678 | 1689 | | |
|---|
| 1679 | 1690 | | (b) The program shall be under the direct authority of the director. |
|---|
| 1680 | 1691 | | |
|---|
| 1681 | 1692 | | (c) The purpose of the program is to provide grants to eligible nonprofit performing arts organizations to encourage workforce development. |
|---|
| 1682 | 1693 | | |
|---|
| 1683 | 1694 | | (d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this section, to carry out the program, at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for the purposes of this section. |
|---|
| 1684 | 1695 | | |
|---|
| 1685 | 1696 | | (e) Subject to appropriation by the Legislature, the office shall allocate grants to eligible nonprofit performing arts organizations that meet the requirements of this section. |
|---|
| 1686 | 1697 | | |
|---|
| 1687 | 1698 | | (f) (1) Subject to appropriation by the Legislature, forty-nine million five hundred thousand dollars ($49,500,000) of program funds shall be allocated in one or more rounds to eligible nonprofit performing arts organizations. |
|---|
| 1688 | 1699 | | |
|---|
| 1689 | 1700 | | (2) For purposes of this subdivision, an eligible nonprofit performing arts organization means a registered 501(c)(3) nonprofit entity that satisfies the criteria for a qualified small business pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes: |
|---|
| 1690 | 1701 | | |
|---|
| 1691 | 1702 | | (A) 711110 - Theater Companies and Dinner Theaters. |
|---|
| 1692 | 1703 | | |
|---|
| 1693 | 1704 | | (B) 711120 - Dance Companies. |
|---|
| 1694 | 1705 | | |
|---|
| 1695 | 1706 | | (C) 711130 - Musical Groups and Artists. |
|---|
| 1696 | 1707 | | |
|---|
| 1697 | 1708 | | (D) 711190 - Other Performing Arts Companies. |
|---|
| 1698 | 1709 | | |
|---|
| 1699 | 1710 | | (3) Grants under this subdivision shall be awarded on a first-come, first-served basis in the following amounts: |
|---|
| 1700 | 1711 | | |
|---|
| 1701 | 1712 | | (A) Twenty-five thousand dollars ($25,000) for applicants with annual gross revenue greater than one thousand dollars ($1,000) to one hundred thousand dollars ($100,000) in the 2019 taxable year. |
|---|
| 1702 | 1713 | | |
|---|
| 1703 | 1714 | | (B) Fifty thousand dollars ($50,000) for applicants with annual gross revenue greater than one hundred thousand dollars ($100,000), and up to one million dollars ($1,000,000) in the 2019 taxable year. |
|---|
| 1704 | 1715 | | |
|---|
| 1705 | 1716 | | (C) Seventy-five thousand dollars ($75,000) for applicants with annual gross revenue greater than one million dollars ($1,000,000), and up to two million dollars ($2,000,000) in the 2019 taxable year. |
|---|
| 1706 | 1717 | | |
|---|
| 1707 | 1718 | | (4) A registered 501(c)(3) nonprofit entity, without regard to its annual gross revenue, may be eligible for funds if it serves as a fiscal sponsor for entities that are qualified small businesses pursuant to subdivision (g) of Section 12100.82, with no more than two million dollars ($2,000,000) in annual gross revenue, and that is in one of the following North American Industry Classification System codes: |
|---|
| 1708 | 1719 | | |
|---|
| 1709 | 1720 | | (A) 711110 - Theater Companies and Dinner Theaters. |
|---|
| 1710 | 1721 | | |
|---|
| 1711 | 1722 | | (B) 711120 - Dance Companies. |
|---|
| 1712 | 1723 | | |
|---|
| 1713 | 1724 | | (C) 711130 - Musical Groups and Artists. |
|---|
| 1714 | 1725 | | |
|---|
| 1715 | 1726 | | (D) 711190 - Other Performing Arts Companies. |
|---|
| 1716 | 1727 | | |
|---|
| 1717 | 1728 | | (g) Grant moneys awarded under this section shall only be used for the following: |
|---|
| 1718 | 1729 | | |
|---|
| 1719 | 1730 | | (1) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. |
|---|
| 1720 | 1731 | | |
|---|
| 1721 | 1732 | | (2) Contributions or payments to a centralized payroll service. |
|---|
| 1722 | 1733 | | |
|---|
| 1723 | 1734 | | (3) Recruitment, training, development, and other human resources related expenses. |
|---|
| 1724 | 1735 | | |
|---|
| 1725 | 1736 | | (4) Other operating expenses or equipment for employees. |
|---|
| 1726 | 1737 | | |
|---|
| 1727 | 1738 | | (h) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, the office shall post the aggregate data, as available. Within 15 business days of the close of each application period, the office shall post data by legislative district, as available. Within 45 business days, the office shall post the actual awarded information, as available. All information shall be posted on the internet website of the Office of Small Business Advocate (CalOSBA) and CalOSBA shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature. |
|---|
| 1728 | 1739 | | |
|---|
| 1729 | 1740 | | (2) The office shall report to the Legislature the number of grants and dollar amounts awarded for each of the following categories: |
|---|
| 1730 | 1741 | | |
|---|
| 1731 | 1742 | | (A) Race and ethnicity. |
|---|
| 1732 | 1743 | | |
|---|
| 1733 | 1744 | | (B) Women-owned. |
|---|
| 1734 | 1745 | | |
|---|
| 1735 | 1746 | | (C) Veteran-owned. |
|---|
| 1736 | 1747 | | |
|---|
| 1737 | 1748 | | (D) Located in or serve a disadvantaged community as described in paragraph (5) of subdivision (h) of Section 12100.83. |
|---|
| 1738 | 1749 | | |
|---|
| 1739 | 1750 | | (E) Located in a rural area. |
|---|
| 1740 | 1751 | | |
|---|
| 1741 | 1752 | | (F) County. |
|---|
| 1742 | 1753 | | |
|---|
| 1743 | 1754 | | (G) State Senate district. |
|---|
| 1744 | 1755 | | |
|---|
| 1745 | 1756 | | (H) State Assembly district. |
|---|
| 1746 | 1757 | | |
|---|
| 1747 | 1758 | | (I) Geography. |
|---|
| 1748 | 1759 | | |
|---|
| 1749 | 1760 | | (i) The fiscal agent shall issue Form 1099 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). |
|---|
| 1750 | 1761 | | |
|---|
| 1751 | 1762 | | (j) This section shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1752 | 1763 | | |
|---|
| 1753 | 1764 | | SEC. 24. Section 12100.85 of the Government Code is amended to read:12100.85. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1754 | 1765 | | |
|---|
| 1755 | 1766 | | SEC. 24. Section 12100.85 of the Government Code is amended to read: |
|---|
| 1756 | 1767 | | |
|---|
| 1757 | 1768 | | ### SEC. 24. |
|---|
| 1758 | 1769 | | |
|---|
| 1759 | 1770 | | 12100.85. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1760 | 1771 | | |
|---|
| 1761 | 1772 | | 12100.85. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1762 | 1773 | | |
|---|
| 1763 | 1774 | | 12100.85. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1764 | 1775 | | |
|---|
| 1765 | 1776 | | |
|---|
| 1766 | 1777 | | |
|---|
| 1767 | 1778 | | 12100.85. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1768 | 1779 | | |
|---|
| 1769 | 1780 | | SEC. 25. Section 12100.91 of the Government Code is amended to read:12100.91. Subject to appropriation by the Legislature, the following shall apply:(a) The office may use up to 0.5 percent of funds for administrative expenses. A grantmaking entity may use up to 20 percent of its allocation for administrative expenses (including fiscal agent fee), marketing, and outreach to qualified microbusiness owners in underserved business groups, including businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities.(b) Any unused money by the grantmaking entity, less that 20 percent administrative expenses, outreach and marketing funds, shall be transferred back to the office by June 29, 2024. |
|---|
| 1770 | 1781 | | |
|---|
| 1771 | 1782 | | SEC. 25. Section 12100.91 of the Government Code is amended to read: |
|---|
| 1772 | 1783 | | |
|---|
| 1773 | 1784 | | ### SEC. 25. |
|---|
| 1774 | 1785 | | |
|---|
| 1775 | 1786 | | 12100.91. Subject to appropriation by the Legislature, the following shall apply:(a) The office may use up to 0.5 percent of funds for administrative expenses. A grantmaking entity may use up to 20 percent of its allocation for administrative expenses (including fiscal agent fee), marketing, and outreach to qualified microbusiness owners in underserved business groups, including businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities.(b) Any unused money by the grantmaking entity, less that 20 percent administrative expenses, outreach and marketing funds, shall be transferred back to the office by June 29, 2024. |
|---|
| 1776 | 1787 | | |
|---|
| 1777 | 1788 | | 12100.91. Subject to appropriation by the Legislature, the following shall apply:(a) The office may use up to 0.5 percent of funds for administrative expenses. A grantmaking entity may use up to 20 percent of its allocation for administrative expenses (including fiscal agent fee), marketing, and outreach to qualified microbusiness owners in underserved business groups, including businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities.(b) Any unused money by the grantmaking entity, less that 20 percent administrative expenses, outreach and marketing funds, shall be transferred back to the office by June 29, 2024. |
|---|
| 1778 | 1789 | | |
|---|
| 1779 | 1790 | | 12100.91. Subject to appropriation by the Legislature, the following shall apply:(a) The office may use up to 0.5 percent of funds for administrative expenses. A grantmaking entity may use up to 20 percent of its allocation for administrative expenses (including fiscal agent fee), marketing, and outreach to qualified microbusiness owners in underserved business groups, including businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities.(b) Any unused money by the grantmaking entity, less that 20 percent administrative expenses, outreach and marketing funds, shall be transferred back to the office by June 29, 2024. |
|---|
| 1780 | 1791 | | |
|---|
| 1781 | 1792 | | |
|---|
| 1782 | 1793 | | |
|---|
| 1783 | 1794 | | 12100.91. Subject to appropriation by the Legislature, the following shall apply: |
|---|
| 1784 | 1795 | | |
|---|
| 1785 | 1796 | | (a) The office may use up to 0.5 percent of funds for administrative expenses. A grantmaking entity may use up to 20 percent of its allocation for administrative expenses (including fiscal agent fee), marketing, and outreach to qualified microbusiness owners in underserved business groups, including businesses owned by women, minorities, veterans, individuals without documentation, individuals with limited English proficiency, and business owners located in low-wealth and rural communities. |
|---|
| 1786 | 1797 | | |
|---|
| 1787 | 1798 | | (b) Any unused money by the grantmaking entity, less that 20 percent administrative expenses, outreach and marketing funds, shall be transferred back to the office by June 29, 2024. |
|---|
| 1788 | 1799 | | |
|---|
| 1789 | 1800 | | SEC. 26. Section 12100.95 of the Government Code is amended to read:12100.95. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1790 | 1801 | | |
|---|
| 1791 | 1802 | | SEC. 26. Section 12100.95 of the Government Code is amended to read: |
|---|
| 1792 | 1803 | | |
|---|
| 1793 | 1804 | | ### SEC. 26. |
|---|
| 1794 | 1805 | | |
|---|
| 1795 | 1806 | | 12100.95. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1796 | 1807 | | |
|---|
| 1797 | 1808 | | 12100.95. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1798 | 1809 | | |
|---|
| 1799 | 1810 | | 12100.95. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1800 | 1811 | | |
|---|
| 1801 | 1812 | | |
|---|
| 1802 | 1813 | | |
|---|
| 1803 | 1814 | | 12100.95. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
|---|
| 1804 | 1815 | | |
|---|
| 1805 | 1816 | | SEC. 27. Section 12100.975 of the Government Code is amended to read:12100.975. (a) The California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program is hereby created within GO-Biz to be implemented by CalOSBA.(b) The program shall be under the direct authority of the advocate.(c) The purpose of the program is to assist qualified small businesses and nonprofits, incurring costs for COVID-19 supplemental paid sick leave pursuant to Sections 248.6 and 248.7 of the Labor Code.(d) CalOSBA or its fiscal agent shall consult with local, regional, state, and federal public and private entities, as applicable, that share a similar mission to support the needs of small businesses and nonprofits in California.(e) CalOSBA may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this article.(f) CalOSBA shall allocate grants to qualified small businesses and nonprofits that meet the requirements of this article.(g) Grant moneys awarded under this section shall only be for reimbursement of COVID-19 Supplemental Paid Sick Leave provided between January 1, 2022, and December 31, 2022. Applicants shall provide proof of employee payroll records that verify all COVID-19 Supplemental Paid Sick Leave provided by the applicant pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code that match the amount of the grant request.(h) Grants to qualified small businesses or nonprofits shall be no more than the actual costs incurred for supplemental paid sick leave provided between January 1, 2022, and December 31, 2022, with a maximum grant amount per applicant of fifty thousand dollars ($50,000).(i) The total amount an applicant can request under the program is an amount not to exceed the sum of fifty thousand dollars ($50,000).(j) If General Fund savings are achieved due to increases in federal funds including, but not limited to, federal funds becoming available to support the California Small Agricultural Business Drought and Flood Relief Grant Program, the Department of Finance shall increase the appropriation to the California Emergency Relief Fund for purposes of this article by up to seventy million dollars ($70,000,000). The Department of Finance may transfer this sum from the General Fund to the California Emergency Relief Fund for this purpose.(k) Any unused money remaining in the California Emergency Relief Fund, transferred for the purpose of this article, shall be transferred to the General Fund by June 1, 2024.(l) (1) CalOSBA 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 throughout the state, including in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, applicant access through multiple branded partner portals, and advertising and social media outreach through owned, paid, and earned media channels.(2) The 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.(m) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, CalOSBA shall post the aggregate data, as available. Within 15 business days of the close of each application period, CalOSBA shall post data by legislative district, as available. Within 45 business days, CalOSBA shall post the actual awarded information, as available. All information shall be posted on the GO-Biz internet website and GO-Biz shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) CalOSBA 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 rural area.(E) County.(F) State Senate district.(G) State Assembly district.(H) Nonprofits, including by geography.(n) The fiscal agent shall issue Forms 1099 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)) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). |
|---|
| 1806 | 1817 | | |
|---|
| 1807 | 1818 | | SEC. 27. Section 12100.975 of the Government Code is amended to read: |
|---|
| 1808 | 1819 | | |
|---|
| 1809 | 1820 | | ### SEC. 27. |
|---|
| 1810 | 1821 | | |
|---|
| 1811 | 1822 | | 12100.975. (a) The California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program is hereby created within GO-Biz to be implemented by CalOSBA.(b) The program shall be under the direct authority of the advocate.(c) The purpose of the program is to assist qualified small businesses and nonprofits, incurring costs for COVID-19 supplemental paid sick leave pursuant to Sections 248.6 and 248.7 of the Labor Code.(d) CalOSBA or its fiscal agent shall consult with local, regional, state, and federal public and private entities, as applicable, that share a similar mission to support the needs of small businesses and nonprofits in California.(e) CalOSBA may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this article.(f) CalOSBA shall allocate grants to qualified small businesses and nonprofits that meet the requirements of this article.(g) Grant moneys awarded under this section shall only be for reimbursement of COVID-19 Supplemental Paid Sick Leave provided between January 1, 2022, and December 31, 2022. Applicants shall provide proof of employee payroll records that verify all COVID-19 Supplemental Paid Sick Leave provided by the applicant pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code that match the amount of the grant request.(h) Grants to qualified small businesses or nonprofits shall be no more than the actual costs incurred for supplemental paid sick leave provided between January 1, 2022, and December 31, 2022, with a maximum grant amount per applicant of fifty thousand dollars ($50,000).(i) The total amount an applicant can request under the program is an amount not to exceed the sum of fifty thousand dollars ($50,000).(j) If General Fund savings are achieved due to increases in federal funds including, but not limited to, federal funds becoming available to support the California Small Agricultural Business Drought and Flood Relief Grant Program, the Department of Finance shall increase the appropriation to the California Emergency Relief Fund for purposes of this article by up to seventy million dollars ($70,000,000). The Department of Finance may transfer this sum from the General Fund to the California Emergency Relief Fund for this purpose.(k) Any unused money remaining in the California Emergency Relief Fund, transferred for the purpose of this article, shall be transferred to the General Fund by June 1, 2024.(l) (1) CalOSBA 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 throughout the state, including in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, applicant access through multiple branded partner portals, and advertising and social media outreach through owned, paid, and earned media channels.(2) The 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.(m) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, CalOSBA shall post the aggregate data, as available. Within 15 business days of the close of each application period, CalOSBA shall post data by legislative district, as available. Within 45 business days, CalOSBA shall post the actual awarded information, as available. All information shall be posted on the GO-Biz internet website and GO-Biz shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) CalOSBA 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 rural area.(E) County.(F) State Senate district.(G) State Assembly district.(H) Nonprofits, including by geography.(n) The fiscal agent shall issue Forms 1099 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)) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). |
|---|
| 1812 | 1823 | | |
|---|
| 1813 | 1824 | | 12100.975. (a) The California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program is hereby created within GO-Biz to be implemented by CalOSBA.(b) The program shall be under the direct authority of the advocate.(c) The purpose of the program is to assist qualified small businesses and nonprofits, incurring costs for COVID-19 supplemental paid sick leave pursuant to Sections 248.6 and 248.7 of the Labor Code.(d) CalOSBA or its fiscal agent shall consult with local, regional, state, and federal public and private entities, as applicable, that share a similar mission to support the needs of small businesses and nonprofits in California.(e) CalOSBA may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this article.(f) CalOSBA shall allocate grants to qualified small businesses and nonprofits that meet the requirements of this article.(g) Grant moneys awarded under this section shall only be for reimbursement of COVID-19 Supplemental Paid Sick Leave provided between January 1, 2022, and December 31, 2022. Applicants shall provide proof of employee payroll records that verify all COVID-19 Supplemental Paid Sick Leave provided by the applicant pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code that match the amount of the grant request.(h) Grants to qualified small businesses or nonprofits shall be no more than the actual costs incurred for supplemental paid sick leave provided between January 1, 2022, and December 31, 2022, with a maximum grant amount per applicant of fifty thousand dollars ($50,000).(i) The total amount an applicant can request under the program is an amount not to exceed the sum of fifty thousand dollars ($50,000).(j) If General Fund savings are achieved due to increases in federal funds including, but not limited to, federal funds becoming available to support the California Small Agricultural Business Drought and Flood Relief Grant Program, the Department of Finance shall increase the appropriation to the California Emergency Relief Fund for purposes of this article by up to seventy million dollars ($70,000,000). The Department of Finance may transfer this sum from the General Fund to the California Emergency Relief Fund for this purpose.(k) Any unused money remaining in the California Emergency Relief Fund, transferred for the purpose of this article, shall be transferred to the General Fund by June 1, 2024.(l) (1) CalOSBA 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 throughout the state, including in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, applicant access through multiple branded partner portals, and advertising and social media outreach through owned, paid, and earned media channels.(2) The 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.(m) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, CalOSBA shall post the aggregate data, as available. Within 15 business days of the close of each application period, CalOSBA shall post data by legislative district, as available. Within 45 business days, CalOSBA shall post the actual awarded information, as available. All information shall be posted on the GO-Biz internet website and GO-Biz shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) CalOSBA 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 rural area.(E) County.(F) State Senate district.(G) State Assembly district.(H) Nonprofits, including by geography.(n) The fiscal agent shall issue Forms 1099 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)) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). |
|---|
| 1814 | 1825 | | |
|---|
| 1815 | 1826 | | 12100.975. (a) The California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program is hereby created within GO-Biz to be implemented by CalOSBA.(b) The program shall be under the direct authority of the advocate.(c) The purpose of the program is to assist qualified small businesses and nonprofits, incurring costs for COVID-19 supplemental paid sick leave pursuant to Sections 248.6 and 248.7 of the Labor Code.(d) CalOSBA or its fiscal agent shall consult with local, regional, state, and federal public and private entities, as applicable, that share a similar mission to support the needs of small businesses and nonprofits in California.(e) CalOSBA may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this article.(f) CalOSBA shall allocate grants to qualified small businesses and nonprofits that meet the requirements of this article.(g) Grant moneys awarded under this section shall only be for reimbursement of COVID-19 Supplemental Paid Sick Leave provided between January 1, 2022, and December 31, 2022. Applicants shall provide proof of employee payroll records that verify all COVID-19 Supplemental Paid Sick Leave provided by the applicant pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code that match the amount of the grant request.(h) Grants to qualified small businesses or nonprofits shall be no more than the actual costs incurred for supplemental paid sick leave provided between January 1, 2022, and December 31, 2022, with a maximum grant amount per applicant of fifty thousand dollars ($50,000).(i) The total amount an applicant can request under the program is an amount not to exceed the sum of fifty thousand dollars ($50,000).(j) If General Fund savings are achieved due to increases in federal funds including, but not limited to, federal funds becoming available to support the California Small Agricultural Business Drought and Flood Relief Grant Program, the Department of Finance shall increase the appropriation to the California Emergency Relief Fund for purposes of this article by up to seventy million dollars ($70,000,000). The Department of Finance may transfer this sum from the General Fund to the California Emergency Relief Fund for this purpose.(k) Any unused money remaining in the California Emergency Relief Fund, transferred for the purpose of this article, shall be transferred to the General Fund by June 1, 2024.(l) (1) CalOSBA 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 throughout the state, including in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, applicant access through multiple branded partner portals, and advertising and social media outreach through owned, paid, and earned media channels.(2) The 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.(m) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, CalOSBA shall post the aggregate data, as available. Within 15 business days of the close of each application period, CalOSBA shall post data by legislative district, as available. Within 45 business days, CalOSBA shall post the actual awarded information, as available. All information shall be posted on the GO-Biz internet website and GO-Biz shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature.(2) CalOSBA 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 rural area.(E) County.(F) State Senate district.(G) State Assembly district.(H) Nonprofits, including by geography.(n) The fiscal agent shall issue Forms 1099 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)) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). |
|---|
| 1816 | 1827 | | |
|---|
| 1817 | 1828 | | |
|---|
| 1818 | 1829 | | |
|---|
| 1819 | 1830 | | 12100.975. (a) The California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program is hereby created within GO-Biz to be implemented by CalOSBA. |
|---|
| 1820 | 1831 | | |
|---|
| 1821 | 1832 | | (b) The program shall be under the direct authority of the advocate. |
|---|
| 1822 | 1833 | | |
|---|
| 1823 | 1834 | | (c) The purpose of the program is to assist qualified small businesses and nonprofits, incurring costs for COVID-19 supplemental paid sick leave pursuant to Sections 248.6 and 248.7 of the Labor Code. |
|---|
| 1824 | 1835 | | |
|---|
| 1825 | 1836 | | (d) CalOSBA or its fiscal agent shall consult with local, regional, state, and federal public and private entities, as applicable, that share a similar mission to support the needs of small businesses and nonprofits in California. |
|---|
| 1826 | 1837 | | |
|---|
| 1827 | 1838 | | (e) CalOSBA may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs, at a rate of no more than 5 percent of administrative and programs funds appropriated by the Legislature for the purposes of this article. |
|---|
| 1828 | 1839 | | |
|---|
| 1829 | 1840 | | (f) CalOSBA shall allocate grants to qualified small businesses and nonprofits that meet the requirements of this article. |
|---|
| 1830 | 1841 | | |
|---|
| 1831 | 1842 | | (g) Grant moneys awarded under this section shall only be for reimbursement of COVID-19 Supplemental Paid Sick Leave provided between January 1, 2022, and December 31, 2022. Applicants shall provide proof of employee payroll records that verify all COVID-19 Supplemental Paid Sick Leave provided by the applicant pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code that match the amount of the grant request. |
|---|
| 1832 | 1843 | | |
|---|
| 1833 | 1844 | | (h) Grants to qualified small businesses or nonprofits shall be no more than the actual costs incurred for supplemental paid sick leave provided between January 1, 2022, and December 31, 2022, with a maximum grant amount per applicant of fifty thousand dollars ($50,000). |
|---|
| 1834 | 1845 | | |
|---|
| 1835 | 1846 | | (i) The total amount an applicant can request under the program is an amount not to exceed the sum of fifty thousand dollars ($50,000). |
|---|
| 1836 | 1847 | | |
|---|
| 1837 | 1848 | | (j) If General Fund savings are achieved due to increases in federal funds including, but not limited to, federal funds becoming available to support the California Small Agricultural Business Drought and Flood Relief Grant Program, the Department of Finance shall increase the appropriation to the California Emergency Relief Fund for purposes of this article by up to seventy million dollars ($70,000,000). The Department of Finance may transfer this sum from the General Fund to the California Emergency Relief Fund for this purpose. |
|---|
| 1838 | 1849 | | |
|---|
| 1839 | 1850 | | (k) Any unused money remaining in the California Emergency Relief Fund, transferred for the purpose of this article, shall be transferred to the General Fund by June 1, 2024. |
|---|
| 1840 | 1851 | | |
|---|
| 1841 | 1852 | | (l) (1) CalOSBA shall conduct marketing and outreach for equitable awareness and the distribution of grants that includes all of the following: |
|---|
| 1842 | 1853 | | |
|---|
| 1843 | 1854 | | (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. |
|---|
| 1844 | 1855 | | |
|---|
| 1845 | 1856 | | (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. |
|---|
| 1846 | 1857 | | |
|---|
| 1847 | 1858 | | (C) Building awareness throughout the state, including in underserved and underbanked communities, by collaborating with multiple community groups to distribute program information, applicant access through multiple branded partner portals, and advertising and social media outreach through owned, paid, and earned media channels. |
|---|
| 1848 | 1859 | | |
|---|
| 1849 | 1860 | | (2) The 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. |
|---|
| 1850 | 1861 | | |
|---|
| 1851 | 1862 | | (m) (1) Applicants may self-identify race, gender, and ethnicity. Within seven business days of the close of each application period, CalOSBA shall post the aggregate data, as available. Within 15 business days of the close of each application period, CalOSBA shall post data by legislative district, as available. Within 45 business days, CalOSBA shall post the actual awarded information, as available. All information shall be posted on the GO-Biz internet website and GO-Biz shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature. |
|---|
| 1852 | 1863 | | |
|---|
| 1853 | 1864 | | (2) CalOSBA shall report to the Legislature the number of grants and dollar amounts awarded for each of the following categories: |
|---|
| 1854 | 1865 | | |
|---|
| 1855 | 1866 | | (A) Race and ethnicity. |
|---|
| 1856 | 1867 | | |
|---|
| 1857 | 1868 | | (B) Women owned. |
|---|
| 1858 | 1869 | | |
|---|
| 1859 | 1870 | | (C) Veteran owned. |
|---|
| 1860 | 1871 | | |
|---|
| 1861 | 1872 | | (D) Located in a rural area. |
|---|
| 1862 | 1873 | | |
|---|
| 1863 | 1874 | | (E) County. |
|---|
| 1864 | 1875 | | |
|---|
| 1865 | 1876 | | (F) State Senate district. |
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| 1866 | 1877 | | |
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| 1867 | 1878 | | (G) State Assembly district. |
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| 1868 | 1879 | | |
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| 1869 | 1880 | | (H) Nonprofits, including by geography. |
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| 1870 | 1881 | | |
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| 1871 | 1882 | | (n) The fiscal agent shall issue Forms 1099 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)) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code). |
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| 1872 | 1883 | | |
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| 1873 | 1884 | | SEC. 28. Section 12100.985 of the Government Code is amended to read:12100.985. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1874 | 1885 | | |
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| 1875 | 1886 | | SEC. 28. Section 12100.985 of the Government Code is amended to read: |
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| 1876 | 1887 | | |
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| 1877 | 1888 | | ### SEC. 28. |
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| 1878 | 1889 | | |
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| 1879 | 1890 | | 12100.985. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1880 | 1891 | | |
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| 1881 | 1892 | | 12100.985. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1882 | 1893 | | |
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| 1883 | 1894 | | 12100.985. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1884 | 1895 | | |
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| 1885 | 1896 | | |
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| 1886 | 1897 | | |
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| 1887 | 1898 | | 12100.985. This article shall remain in effect only until June 30, 2024, and as of that date is repealed. |
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| 1888 | 1899 | | |
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| 1889 | 1900 | | SEC. 29. The heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code is amended to read: Article 9.5. California Small Agricultural Business Drought and Flood Relief Grant Program |
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| 1890 | 1901 | | |
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| 1891 | 1902 | | SEC. 29. The heading of Article 9.5 (commencing with Section 12100.100) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code is amended to read: |
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| 1892 | 1903 | | |
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| 1893 | 1904 | | ### SEC. 29. |
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| 1894 | 1905 | | |
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| 1895 | 1906 | | Article 9.5. California Small Agricultural Business Drought and Flood Relief Grant Program |
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| 1896 | 1907 | | |
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| 1897 | 1908 | | Article 9.5. California Small Agricultural Business Drought and Flood Relief Grant Program |
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| 1898 | 1909 | | |
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| 1899 | 1910 | | Article 9.5. California Small Agricultural Business Drought and Flood Relief Grant Program |
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| 1900 | 1911 | | |
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| 1901 | 1912 | | Article 9.5. California Small Agricultural Business Drought and Flood Relief Grant Program |
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| 1902 | 1913 | | |
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| 1903 | 1914 | | SEC. 30. Section 12100.100 of the Government Code is amended to read: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 and flooding.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought and Flood Relief Grant Program. |
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| 1904 | 1915 | | |
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| 1905 | 1916 | | SEC. 30. Section 12100.100 of the Government Code is amended to read: |
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| 1906 | 1917 | | |
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| 1907 | 1918 | | ### SEC. 30. |
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| 1908 | 1919 | | |
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| 1909 | 1920 | | 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 and flooding.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought and Flood Relief Grant Program. |
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| 1910 | 1921 | | |
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| 1911 | 1922 | | 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 and flooding.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought and Flood Relief Grant Program. |
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| 1912 | 1923 | | |
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| 1913 | 1924 | | 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 and flooding.(b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought and Flood Relief Grant Program. |
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| 1914 | 1925 | | |
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| 1915 | 1926 | | |
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| 1916 | 1927 | | |
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| 1917 | 1928 | | 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 and flooding. |
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| 1918 | 1929 | | |
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| 1919 | 1930 | | (b) This article shall govern the procedure by which qualified small businesses may obtain grant relief from the California Small Agricultural Business Drought and Flood Relief Grant Program. |
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| 1920 | 1931 | | |
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| 1921 | 1932 | | SEC. 31. Section 12100.101 of the Government Code is amended to read: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 and Flood 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 in 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, domiciled in California, with 100 or fewer full-time employees in the 2022 and 2023 taxable years.(B) Began operating in the state prior to January 1, 2020.(C) Is currently active and operating.(D) Has been affected by severe drought according to the United States Department of Agriculture drought monitor or is within or serves a county that has a state or federal disaster declaration for flooding.(E) 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. |
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| 1922 | 1933 | | |
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| 1923 | 1934 | | SEC. 31. Section 12100.101 of the Government Code is amended to read: |
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| 1924 | 1935 | | |
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| 1925 | 1936 | | ### SEC. 31. |
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| 1926 | 1937 | | |
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| 1927 | 1938 | | 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 and Flood 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 in 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, domiciled in California, with 100 or fewer full-time employees in the 2022 and 2023 taxable years.(B) Began operating in the state prior to January 1, 2020.(C) Is currently active and operating.(D) Has been affected by severe drought according to the United States Department of Agriculture drought monitor or is within or serves a county that has a state or federal disaster declaration for flooding.(E) 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. |
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| 1928 | 1939 | | |
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| 1929 | 1940 | | 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 and Flood 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 in 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, domiciled in California, with 100 or fewer full-time employees in the 2022 and 2023 taxable years.(B) Began operating in the state prior to January 1, 2020.(C) Is currently active and operating.(D) Has been affected by severe drought according to the United States Department of Agriculture drought monitor or is within or serves a county that has a state or federal disaster declaration for flooding.(E) 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. |
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| 1930 | 1941 | | |
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| 1931 | 1942 | | 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 and Flood 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 in 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, domiciled in California, with 100 or fewer full-time employees in the 2022 and 2023 taxable years.(B) Began operating in the state prior to January 1, 2020.(C) Is currently active and operating.(D) Has been affected by severe drought according to the United States Department of Agriculture drought monitor or is within or serves a county that has a state or federal disaster declaration for flooding.(E) 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. |
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| 1932 | 1943 | | |
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| 1933 | 1944 | | |
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| 1934 | 1945 | | |
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| 1935 | 1946 | | 12100.101. For the purposes of this article, unless the context requires otherwise: |
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| 1936 | 1947 | | |
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| 1937 | 1948 | | (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. |
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| 1938 | 1949 | | |
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| 1939 | 1950 | | (b) California Small Agricultural Business Drought and Flood Relief Grant Program or program means the grant program established by this article. |
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| 1940 | 1951 | | |
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| 1941 | 1952 | | (c) CalOSBA or office means the Office of the Small Business Advocate within the Governors Office of Business and Economic Development. |
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| 1942 | 1953 | | |
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| 1943 | 1954 | | (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. |
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| 1944 | 1955 | | |
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| 1945 | 1956 | | (e) Director means the Director of the Office of the Small Business Advocate. |
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| 1946 | 1957 | | |
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| 1947 | 1958 | | (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. |
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| 1948 | 1959 | | |
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| 1949 | 1960 | | (g) Full-time employee has the same meaning as in subdivision (c) of Section 515 of the Labor Code. |
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| 1950 | 1961 | | |
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| 1951 | 1962 | | (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: |
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| 1952 | 1963 | | |
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| 1953 | 1964 | | (A) Is a sole proprietor, independent contractor, C-corporation, S-corporation, cooperative, limited liability company, partnership, nonprofit, or limited partnership, domiciled in California, with 100 or fewer full-time employees in the 2022 and 2023 taxable years. |
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| 1954 | 1965 | | |
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| 1955 | 1966 | | (B) Began operating in the state prior to January 1, 2020. |
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| 1956 | 1967 | | |
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| 1957 | 1968 | | (C) Is currently active and operating. |
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| 1958 | 1969 | | |
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| 1959 | 1970 | | (D) Has been affected by severe drought according to the United States Department of Agriculture drought monitor or is within or serves a county that has a state or federal disaster declaration for flooding. |
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| 1960 | 1971 | | |
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| 1961 | 1972 | | (E) 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. |
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| 1962 | 1973 | | |
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| 1963 | 1974 | | (2) Notwithstanding paragraph (1), qualified small business shall not include any of the following: |
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| 1964 | 1975 | | |
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| 1965 | 1976 | | (A) Businesses without a physical presence in the state. |
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| 1966 | 1977 | | |
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| 1967 | 1978 | | (B) Governmental entities, other than Native American tribes, or elected official offices. |
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| 1968 | 1979 | | |
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| 1969 | 1980 | | (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. |
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| 1970 | 1981 | | |
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| 1971 | 1982 | | (D) Passive businesses, investment companies, and investors who file a Schedule E on their tax returns. |
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| 1972 | 1983 | | |
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| 1973 | 1984 | | (E) Financial institutions or businesses primarily engaged in the business of lending, such as banks, finance companies, and factoring companies. |
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| 1974 | 1985 | | |
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| 1975 | 1986 | | (F) Businesses engaged in any activity that is unlawful under federal, state, or local law. |
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| 1976 | 1987 | | |
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| 1977 | 1988 | | (G) Businesses that restrict patronage for any reason other than capacity. |
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| 1978 | 1989 | | |
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| 1979 | 1990 | | (H) Speculative businesses. |
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| 1980 | 1991 | | |
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| 1981 | 1992 | | (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: |
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| 1982 | 1993 | | |
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| 1983 | 1994 | | (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. |
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| 1984 | 1995 | | |
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| 1985 | 1996 | | (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). |
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| 1986 | 1997 | | |
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| 1987 | 1998 | | (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. |
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| 1988 | 1999 | | |
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| 1989 | 2000 | | (K) Other businesses to be determined by the office consistently with the requirements and intent of this subdivision. |
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| 1990 | 2001 | | |
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| 1991 | 2002 | | SEC. 32. Section 12100.103 of the Government Code is amended to read:12100.103. (a) The California Small Agricultural Business Drought and Flood 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 and flooding.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for purposes of this article.(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 allocated in the Budget Act of 2022 related to drought impacts 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 up to 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).(vi) Codes beginning with 1121 Cattle Ranching and Farming.(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.(4) Grant moneys awarded under this subdivision shall only be used for costs to maintain the recipient business through the drought, including the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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.(C) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(h) Program grant funds allocated in the Budget Act of 2023 related to storm flooding impacts shall be administered as follows:(1) Grant funds shall be allocated to qualified small agricultural businesses impacted by flooding including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(A) Codes beginning with 115 Support Activities for Agriculture and Forestry.(B) Codes beginning with 1121 Cattle Ranching and Farming.(C) 424910 Farm Supplies Merchant Wholesalers.(D) 444240 Nursery, Garden Center, and Farm Supply Retailers.(E) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(2) Three tiers of grant amounts shall be relative to revenue levels for qualified small agricultural businesses, to be determined by CalOSBA.(3) Grant moneys awarded under this subdivision may be used for costs to maintain the recipient business through flooding, including, but not limited to, the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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 flooding.(C) Any other flooding-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) Applicants may apply for relief grants under subdivisions (g) and (h).(j) (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 becomes available. All information shall be posted on the 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, 2026, 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.(k) 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). |
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| 1992 | 2003 | | |
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| 1993 | 2004 | | SEC. 32. Section 12100.103 of the Government Code is amended to read: |
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| 1994 | 2005 | | |
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| 1995 | 2006 | | ### SEC. 32. |
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| 1996 | 2007 | | |
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| 1997 | 2008 | | 12100.103. (a) The California Small Agricultural Business Drought and Flood 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 and flooding.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for purposes of this article.(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 allocated in the Budget Act of 2022 related to drought impacts 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 up to 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).(vi) Codes beginning with 1121 Cattle Ranching and Farming.(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.(4) Grant moneys awarded under this subdivision shall only be used for costs to maintain the recipient business through the drought, including the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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.(C) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(h) Program grant funds allocated in the Budget Act of 2023 related to storm flooding impacts shall be administered as follows:(1) Grant funds shall be allocated to qualified small agricultural businesses impacted by flooding including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(A) Codes beginning with 115 Support Activities for Agriculture and Forestry.(B) Codes beginning with 1121 Cattle Ranching and Farming.(C) 424910 Farm Supplies Merchant Wholesalers.(D) 444240 Nursery, Garden Center, and Farm Supply Retailers.(E) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(2) Three tiers of grant amounts shall be relative to revenue levels for qualified small agricultural businesses, to be determined by CalOSBA.(3) Grant moneys awarded under this subdivision may be used for costs to maintain the recipient business through flooding, including, but not limited to, the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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 flooding.(C) Any other flooding-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) Applicants may apply for relief grants under subdivisions (g) and (h).(j) (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 becomes available. All information shall be posted on the 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, 2026, 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.(k) 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). |
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| 1998 | 2009 | | |
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| 1999 | 2010 | | 12100.103. (a) The California Small Agricultural Business Drought and Flood 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 and flooding.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for purposes of this article.(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 allocated in the Budget Act of 2022 related to drought impacts 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 up to 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).(vi) Codes beginning with 1121 Cattle Ranching and Farming.(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.(4) Grant moneys awarded under this subdivision shall only be used for costs to maintain the recipient business through the drought, including the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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.(C) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(h) Program grant funds allocated in the Budget Act of 2023 related to storm flooding impacts shall be administered as follows:(1) Grant funds shall be allocated to qualified small agricultural businesses impacted by flooding including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(A) Codes beginning with 115 Support Activities for Agriculture and Forestry.(B) Codes beginning with 1121 Cattle Ranching and Farming.(C) 424910 Farm Supplies Merchant Wholesalers.(D) 444240 Nursery, Garden Center, and Farm Supply Retailers.(E) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(2) Three tiers of grant amounts shall be relative to revenue levels for qualified small agricultural businesses, to be determined by CalOSBA.(3) Grant moneys awarded under this subdivision may be used for costs to maintain the recipient business through flooding, including, but not limited to, the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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 flooding.(C) Any other flooding-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) Applicants may apply for relief grants under subdivisions (g) and (h).(j) (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 becomes available. All information shall be posted on the 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, 2026, 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.(k) 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). |
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| 2000 | 2011 | | |
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| 2001 | 2012 | | 12100.103. (a) The California Small Agricultural Business Drought and Flood 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 and flooding.(d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for purposes of this article.(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 allocated in the Budget Act of 2022 related to drought impacts 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 up to 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).(vi) Codes beginning with 1121 Cattle Ranching and Farming.(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.(4) Grant moneys awarded under this subdivision shall only be used for costs to maintain the recipient business through the drought, including the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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.(C) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(h) Program grant funds allocated in the Budget Act of 2023 related to storm flooding impacts shall be administered as follows:(1) Grant funds shall be allocated to qualified small agricultural businesses impacted by flooding including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes:(A) Codes beginning with 115 Support Activities for Agriculture and Forestry.(B) Codes beginning with 1121 Cattle Ranching and Farming.(C) 424910 Farm Supplies Merchant Wholesalers.(D) 444240 Nursery, Garden Center, and Farm Supply Retailers.(E) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking).(2) Three tiers of grant amounts shall be relative to revenue levels for qualified small agricultural businesses, to be determined by CalOSBA.(3) Grant moneys awarded under this subdivision may be used for costs to maintain the recipient business through flooding, including, but not limited to, the following:(A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums.(B) 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 flooding.(C) Any other flooding-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs.(i) Applicants may apply for relief grants under subdivisions (g) and (h).(j) (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 becomes available. All information shall be posted on the 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, 2026, 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.(k) 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). |
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| 2002 | 2013 | | |
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| 2003 | 2014 | | |
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| 2004 | 2015 | | |
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| 2005 | 2016 | | 12100.103. (a) The California Small Agricultural Business Drought and Flood Relief Grant Program is hereby created within the office. |
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| 2006 | 2017 | | |
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| 2007 | 2018 | | (b) The program shall be under the direct authority of the director. |
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| 2008 | 2019 | | |
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| 2009 | 2020 | | (c) The purpose of the program is to provide grants to qualified small agricultural businesses that have been affected by severe drought and flooding. |
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| 2010 | 2021 | | |
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| 2011 | 2022 | | (d) The office may contract with a fiscal agent, or amend an existing contract with a fiscal agent to meet the requirements of this article, to carry out the programs at a rate of no more than 5 percent of administrative and program funds appropriated by the Legislature for purposes of this article. |
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| 2012 | 2023 | | |
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| 2013 | 2024 | | (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. |
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| 2014 | 2025 | | |
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| 2015 | 2026 | | (f) (1) The office shall conduct marketing and outreach for equitable awareness and the distribution of grants that includes all of the following: |
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| 2016 | 2027 | | |
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| 2017 | 2028 | | (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. |
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| 2018 | 2029 | | |
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| 2019 | 2030 | | (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. |
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| 2020 | 2031 | | |
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| 2021 | 2032 | | (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. |
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| 2022 | 2033 | | |
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| 2023 | 2034 | | (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. |
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| 2024 | 2035 | | |
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| 2025 | 2036 | | (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. |
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| 2026 | 2037 | | |
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| 2027 | 2038 | | (g) Program grant funds allocated in the Budget Act of 2022 related to drought impacts shall be administered as follows: |
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| 2028 | 2039 | | |
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| 2029 | 2040 | | (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. |
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| 2030 | 2041 | | |
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| 2031 | 2042 | | (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: |
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| 2032 | 2043 | | |
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| 2033 | 2044 | | (A) Grants shall be awarded in the following amounts: |
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| 2034 | 2045 | | |
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| 2035 | 2046 | | (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. |
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| 2036 | 2047 | | |
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| 2037 | 2048 | | (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. |
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| 2038 | 2049 | | |
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| 2039 | 2050 | | (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. |
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| 2040 | 2051 | | |
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| 2041 | 2052 | | (iv) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more. |
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| 2042 | 2053 | | |
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| 2043 | 2054 | | (B) The office or fiscal agent shall allocate up to 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. |
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| 2044 | 2055 | | |
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| 2045 | 2056 | | (C) For the purposes of this subdivision: |
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| 2046 | 2057 | | |
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| 2047 | 2058 | | (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. |
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| 2048 | 2059 | | |
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| 2049 | 2060 | | (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. |
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| 2050 | 2061 | | |
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| 2051 | 2062 | | (D) For the purposes of this subdivision, the office or fiscal agent may contract with other fiscal agents to provide technical assistance. |
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| 2052 | 2063 | | |
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| 2053 | 2064 | | (E) The office shall consult with the Farm Equity Advisor at the Department of Food and Agriculture for purposes of implementing this subdivision. |
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| 2054 | 2065 | | |
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| 2055 | 2066 | | (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: |
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| 2056 | 2067 | | |
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| 2057 | 2068 | | (i) Codes beginning with 115 Support Activities for Agriculture and Forestry. |
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| 2058 | 2069 | | |
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| 2059 | 2070 | | (ii) Codes beginning with 311 Food Manufacturing. |
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| 2060 | 2071 | | |
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| 2061 | 2072 | | (iii) 424910 Farm Supplies Merchant Wholesalers. |
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| 2062 | 2073 | | |
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| 2063 | 2074 | | (iv) 444240 Nursery, Garden Center, and Farm Supply Retailers. |
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| 2064 | 2075 | | |
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| 2065 | 2076 | | (v) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking). |
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| 2066 | 2077 | | |
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| 2067 | 2078 | | (vi) Codes beginning with 1121 Cattle Ranching and Farming. |
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| 2068 | 2079 | | |
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| 2069 | 2080 | | (B) Grants shall be awarded in the following amounts: |
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| 2070 | 2081 | | |
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| 2071 | 2082 | | (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. |
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| 2072 | 2083 | | |
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| 2073 | 2084 | | (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. |
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| 2074 | 2085 | | |
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| 2075 | 2086 | | (iii) One hundred thousand dollars ($100,000) for applicants with a decline in annual gross receipts or gross profits of 50 percent or more. |
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| 2076 | 2087 | | |
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| 2077 | 2088 | | (4) Grant moneys awarded under this subdivision shall only be used for costs to maintain the recipient business through the drought, including the following: |
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| 2078 | 2089 | | |
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| 2079 | 2090 | | (A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. |
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| 2080 | 2091 | | |
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| 2081 | 2092 | | (B) 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. |
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| 2082 | 2093 | | |
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| 2083 | 2094 | | (C) Any other drought-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs. |
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| 2084 | 2095 | | |
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| 2085 | 2096 | | (h) Program grant funds allocated in the Budget Act of 2023 related to storm flooding impacts shall be administered as follows: |
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| 2086 | 2097 | | |
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| 2087 | 2098 | | (1) Grant funds shall be allocated to qualified small agricultural businesses impacted by flooding including, but not limited to, those that are identified as in the following 2022 North American Industry Classification System codes: |
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| 2088 | 2099 | | |
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| 2089 | 2100 | | (A) Codes beginning with 115 Support Activities for Agriculture and Forestry. |
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| 2090 | 2101 | | |
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| 2091 | 2102 | | (B) Codes beginning with 1121 Cattle Ranching and Farming. |
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| 2092 | 2103 | | |
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| 2093 | 2104 | | (C) 424910 Farm Supplies Merchant Wholesalers. |
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| 2094 | 2105 | | |
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| 2095 | 2106 | | (D) 444240 Nursery, Garden Center, and Farm Supply Retailers. |
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| 2096 | 2107 | | |
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| 2097 | 2108 | | (E) 484220 Specialized Freight (except Used Goods) Trucking, Local (local agricultural products trucking). |
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| 2098 | 2109 | | |
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| 2099 | 2110 | | (2) Three tiers of grant amounts shall be relative to revenue levels for qualified small agricultural businesses, to be determined by CalOSBA. |
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| 2100 | 2111 | | |
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| 2101 | 2112 | | (3) Grant moneys awarded under this subdivision may be used for costs to maintain the recipient business through flooding, including, but not limited to, the following: |
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| 2102 | 2113 | | |
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| 2103 | 2114 | | (A) Employee expenses, including payroll costs, health care benefits, paid sick, medical, or family leave, and insurance premiums. |
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| 2104 | 2115 | | |
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| 2105 | 2116 | | (B) 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 flooding. |
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| 2106 | 2117 | | |
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| 2107 | 2118 | | (C) Any other flooding-related expenses not already covered through grants, forgivable loans, or other relief through state, county, or city programs. |
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| 2108 | 2119 | | |
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| 2109 | 2120 | | (i) Applicants may apply for relief grants under subdivisions (g) and (h). |
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| 2110 | 2121 | | |
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| 2111 | 2122 | | (j) (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 becomes available. All information shall be posted on the offices internet website and the office shall provide an electronic copy of the information to the relevant fiscal and policy committees of the Legislature. |
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| 2112 | 2123 | | |
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| 2113 | 2124 | | (2) On or before December 31, 2026, the office shall report to the Legislature the number of grants and dollar amounts awarded for each of the following categories: |
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| 2114 | 2125 | | |
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| 2115 | 2126 | | (A) Race and ethnicity. |
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| 2116 | 2127 | | |
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| 2117 | 2128 | | (B) Women-owned. |
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| 2118 | 2129 | | |
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| 2119 | 2130 | | (C) Veteran-owned. |
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| 2120 | 2131 | | |
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| 2121 | 2132 | | (D) Located in a disadvantaged community pursuant to paragraph (5) of subdivision (h) of Section 12100.83. |
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| 2122 | 2133 | | |
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| 2123 | 2134 | | (E) Located in a rural area. |
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| 2124 | 2135 | | |
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| 2125 | 2136 | | (F) County. |
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| 2126 | 2137 | | |
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| 2127 | 2138 | | (G) State Senate district. |
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| 2128 | 2139 | | |
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| 2129 | 2140 | | (H) State Assembly district. |
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| 2130 | 2141 | | |
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| 2131 | 2142 | | (3) Information report to the Legislature pursuant to this subdivision shall be provided in conformance with the requirements of Section 9795. |
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| 2132 | 2143 | | |
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| 2133 | 2144 | | (k) 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). |
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| 2134 | 2145 | | |
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| 2135 | 2146 | | SEC. 33. Section 12100.105 of the Government Code is amended to read:12100.105. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 2136 | 2147 | | |
|---|
| 2137 | 2148 | | SEC. 33. Section 12100.105 of the Government Code is amended to read: |
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| 2138 | 2149 | | |
|---|
| 2139 | 2150 | | ### SEC. 33. |
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| 2140 | 2151 | | |
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| 2141 | 2152 | | 12100.105. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 2142 | 2153 | | |
|---|
| 2143 | 2154 | | 12100.105. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 2144 | 2155 | | |
|---|
| 2145 | 2156 | | 12100.105. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. |
|---|
| 2146 | 2157 | | |
|---|
| 2147 | 2158 | | |
|---|
| 2148 | 2159 | | |
|---|
| 2149 | 2160 | | 12100.105. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. |
|---|
| 2150 | 2161 | | |
|---|
| 2151 | 2162 | | SEC. 34. Section 12100.151 of the Government Code is amended to read:12100.151. (a) (1) The zero-emission vehicle division within the Governors Office of Business and Economic Development is hereby continued in existence within the Governors Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor.(2) The office shall steer the development of a shared, cross-agency definition of equity, and set an equity agenda for the deployment of light-, medium-, and heavy-duty zero-emission vehicles, the supporting infrastructure, and workforce development.(3) Until January 1, 2028, the Zero-Emission Vehicle Equity Advocate is hereby established within the office. The advocate shall be appointed by, and shall serve at the pleasure of, the Governor.(4) The office shall serve as a point of contact for stakeholders to provide concerns and suggestions related to the states progress in equitably achieving the states zero-emission vehicle deployment goals.(5) The office shall provide information and coordinate policy and procedural changes with relevant state entities, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Transportation Agency, and the California Transportation Commission, as needed, to ensure consistency among equity definitions, criteria, and targets used in the states zero-emission vehicle and infrastructure programs and to ensure best practices related to equity are incorporated into state planning for zero-emission vehicle deployment, funding, and program design.(6) In order to facilitate alignment of equity goals, the office may convene meetings or task forces that include state agencies, local government, utilities, labor, community-based organizations, air pollution control districts, air quality management districts, or private sector actors key to advancing zero-emission transportation goals.(b) (1) The office shall develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in zero-emission vehicle deployment.(2) The equity action plan shall include both of the following:(A) Recommendations on actionable steps and metrics to measure and improve access to zero-emission vehicles, public and private charging infrastructure, and zero-emission vehicle transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership.(B) Recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, including emissions from medium- and heavy-duty vehicles, and by supporting an equitable zero-emission vehicle industry and workforce.(3) The office shall assess progress towards the equity action plan as part of the update to the ZEV Market Development Strategy and notify the relevant policy committees of the Legislature of the information provided in that update. This assessment shall include, but is not limited to, metrics tracking both of the following:(A) State funding spent toward the deployment of zero-emission vehicle ownership and supporting infrastructure in disadvantaged and low-income communities, and the number and type of vehicles, including light-, medium-, and heavy-duty zero-emission vehicles, state and federal subsidies for zero-emission vehicles, different ownership structures for zero-emission vehicles, or charging infrastructure deployed with this funding.(B) State funding for multiyear projects that advance deployment of zero-emission vehicles in communities identified as disadvantaged communities prioritized by severity of air pollution from mobile sources, lack of charging infrastructure and electric vehicles, and transportation or transit deserts.(4) In developing the equity action plan, the office shall coordinate and partner with community organizations, local entities, state agencies, and other private and public stakeholders to steer an equitable zero-emission vehicle deployment. |
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| 2152 | 2163 | | |
|---|
| 2153 | 2164 | | SEC. 34. Section 12100.151 of the Government Code is amended to read: |
|---|
| 2154 | 2165 | | |
|---|
| 2155 | 2166 | | ### SEC. 34. |
|---|
| 2156 | 2167 | | |
|---|
| 2157 | 2168 | | 12100.151. (a) (1) The zero-emission vehicle division within the Governors Office of Business and Economic Development is hereby continued in existence within the Governors Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor.(2) The office shall steer the development of a shared, cross-agency definition of equity, and set an equity agenda for the deployment of light-, medium-, and heavy-duty zero-emission vehicles, the supporting infrastructure, and workforce development.(3) Until January 1, 2028, the Zero-Emission Vehicle Equity Advocate is hereby established within the office. The advocate shall be appointed by, and shall serve at the pleasure of, the Governor.(4) The office shall serve as a point of contact for stakeholders to provide concerns and suggestions related to the states progress in equitably achieving the states zero-emission vehicle deployment goals.(5) The office shall provide information and coordinate policy and procedural changes with relevant state entities, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Transportation Agency, and the California Transportation Commission, as needed, to ensure consistency among equity definitions, criteria, and targets used in the states zero-emission vehicle and infrastructure programs and to ensure best practices related to equity are incorporated into state planning for zero-emission vehicle deployment, funding, and program design.(6) In order to facilitate alignment of equity goals, the office may convene meetings or task forces that include state agencies, local government, utilities, labor, community-based organizations, air pollution control districts, air quality management districts, or private sector actors key to advancing zero-emission transportation goals.(b) (1) The office shall develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in zero-emission vehicle deployment.(2) The equity action plan shall include both of the following:(A) Recommendations on actionable steps and metrics to measure and improve access to zero-emission vehicles, public and private charging infrastructure, and zero-emission vehicle transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership.(B) Recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, including emissions from medium- and heavy-duty vehicles, and by supporting an equitable zero-emission vehicle industry and workforce.(3) The office shall assess progress towards the equity action plan as part of the update to the ZEV Market Development Strategy and notify the relevant policy committees of the Legislature of the information provided in that update. This assessment shall include, but is not limited to, metrics tracking both of the following:(A) State funding spent toward the deployment of zero-emission vehicle ownership and supporting infrastructure in disadvantaged and low-income communities, and the number and type of vehicles, including light-, medium-, and heavy-duty zero-emission vehicles, state and federal subsidies for zero-emission vehicles, different ownership structures for zero-emission vehicles, or charging infrastructure deployed with this funding.(B) State funding for multiyear projects that advance deployment of zero-emission vehicles in communities identified as disadvantaged communities prioritized by severity of air pollution from mobile sources, lack of charging infrastructure and electric vehicles, and transportation or transit deserts.(4) In developing the equity action plan, the office shall coordinate and partner with community organizations, local entities, state agencies, and other private and public stakeholders to steer an equitable zero-emission vehicle deployment. |
|---|
| 2158 | 2169 | | |
|---|
| 2159 | 2170 | | 12100.151. (a) (1) The zero-emission vehicle division within the Governors Office of Business and Economic Development is hereby continued in existence within the Governors Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor.(2) The office shall steer the development of a shared, cross-agency definition of equity, and set an equity agenda for the deployment of light-, medium-, and heavy-duty zero-emission vehicles, the supporting infrastructure, and workforce development.(3) Until January 1, 2028, the Zero-Emission Vehicle Equity Advocate is hereby established within the office. The advocate shall be appointed by, and shall serve at the pleasure of, the Governor.(4) The office shall serve as a point of contact for stakeholders to provide concerns and suggestions related to the states progress in equitably achieving the states zero-emission vehicle deployment goals.(5) The office shall provide information and coordinate policy and procedural changes with relevant state entities, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Transportation Agency, and the California Transportation Commission, as needed, to ensure consistency among equity definitions, criteria, and targets used in the states zero-emission vehicle and infrastructure programs and to ensure best practices related to equity are incorporated into state planning for zero-emission vehicle deployment, funding, and program design.(6) In order to facilitate alignment of equity goals, the office may convene meetings or task forces that include state agencies, local government, utilities, labor, community-based organizations, air pollution control districts, air quality management districts, or private sector actors key to advancing zero-emission transportation goals.(b) (1) The office shall develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in zero-emission vehicle deployment.(2) The equity action plan shall include both of the following:(A) Recommendations on actionable steps and metrics to measure and improve access to zero-emission vehicles, public and private charging infrastructure, and zero-emission vehicle transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership.(B) Recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, including emissions from medium- and heavy-duty vehicles, and by supporting an equitable zero-emission vehicle industry and workforce.(3) The office shall assess progress towards the equity action plan as part of the update to the ZEV Market Development Strategy and notify the relevant policy committees of the Legislature of the information provided in that update. This assessment shall include, but is not limited to, metrics tracking both of the following:(A) State funding spent toward the deployment of zero-emission vehicle ownership and supporting infrastructure in disadvantaged and low-income communities, and the number and type of vehicles, including light-, medium-, and heavy-duty zero-emission vehicles, state and federal subsidies for zero-emission vehicles, different ownership structures for zero-emission vehicles, or charging infrastructure deployed with this funding.(B) State funding for multiyear projects that advance deployment of zero-emission vehicles in communities identified as disadvantaged communities prioritized by severity of air pollution from mobile sources, lack of charging infrastructure and electric vehicles, and transportation or transit deserts.(4) In developing the equity action plan, the office shall coordinate and partner with community organizations, local entities, state agencies, and other private and public stakeholders to steer an equitable zero-emission vehicle deployment. |
|---|
| 2160 | 2171 | | |
|---|
| 2161 | 2172 | | 12100.151. (a) (1) The zero-emission vehicle division within the Governors Office of Business and Economic Development is hereby continued in existence within the Governors Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor.(2) The office shall steer the development of a shared, cross-agency definition of equity, and set an equity agenda for the deployment of light-, medium-, and heavy-duty zero-emission vehicles, the supporting infrastructure, and workforce development.(3) Until January 1, 2028, the Zero-Emission Vehicle Equity Advocate is hereby established within the office. The advocate shall be appointed by, and shall serve at the pleasure of, the Governor.(4) The office shall serve as a point of contact for stakeholders to provide concerns and suggestions related to the states progress in equitably achieving the states zero-emission vehicle deployment goals.(5) The office shall provide information and coordinate policy and procedural changes with relevant state entities, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Transportation Agency, and the California Transportation Commission, as needed, to ensure consistency among equity definitions, criteria, and targets used in the states zero-emission vehicle and infrastructure programs and to ensure best practices related to equity are incorporated into state planning for zero-emission vehicle deployment, funding, and program design.(6) In order to facilitate alignment of equity goals, the office may convene meetings or task forces that include state agencies, local government, utilities, labor, community-based organizations, air pollution control districts, air quality management districts, or private sector actors key to advancing zero-emission transportation goals.(b) (1) The office shall develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in zero-emission vehicle deployment.(2) The equity action plan shall include both of the following:(A) Recommendations on actionable steps and metrics to measure and improve access to zero-emission vehicles, public and private charging infrastructure, and zero-emission vehicle transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership.(B) Recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, including emissions from medium- and heavy-duty vehicles, and by supporting an equitable zero-emission vehicle industry and workforce.(3) The office shall assess progress towards the equity action plan as part of the update to the ZEV Market Development Strategy and notify the relevant policy committees of the Legislature of the information provided in that update. This assessment shall include, but is not limited to, metrics tracking both of the following:(A) State funding spent toward the deployment of zero-emission vehicle ownership and supporting infrastructure in disadvantaged and low-income communities, and the number and type of vehicles, including light-, medium-, and heavy-duty zero-emission vehicles, state and federal subsidies for zero-emission vehicles, different ownership structures for zero-emission vehicles, or charging infrastructure deployed with this funding.(B) State funding for multiyear projects that advance deployment of zero-emission vehicles in communities identified as disadvantaged communities prioritized by severity of air pollution from mobile sources, lack of charging infrastructure and electric vehicles, and transportation or transit deserts.(4) In developing the equity action plan, the office shall coordinate and partner with community organizations, local entities, state agencies, and other private and public stakeholders to steer an equitable zero-emission vehicle deployment. |
|---|
| 2162 | 2173 | | |
|---|
| 2163 | 2174 | | |
|---|
| 2164 | 2175 | | |
|---|
| 2165 | 2176 | | 12100.151. (a) (1) The zero-emission vehicle division within the Governors Office of Business and Economic Development is hereby continued in existence within the Governors Office of Business and Economic Development as the Zero-Emission Vehicle Market Development Office. The office shall continue to be administered by a deputy director appointed by, and serving at the pleasure of, the Governor. |
|---|
| 2166 | 2177 | | |
|---|
| 2167 | 2178 | | (2) The office shall steer the development of a shared, cross-agency definition of equity, and set an equity agenda for the deployment of light-, medium-, and heavy-duty zero-emission vehicles, the supporting infrastructure, and workforce development. |
|---|
| 2168 | 2179 | | |
|---|
| 2169 | 2180 | | (3) Until January 1, 2028, the Zero-Emission Vehicle Equity Advocate is hereby established within the office. The advocate shall be appointed by, and shall serve at the pleasure of, the Governor. |
|---|
| 2170 | 2181 | | |
|---|
| 2171 | 2182 | | (4) The office shall serve as a point of contact for stakeholders to provide concerns and suggestions related to the states progress in equitably achieving the states zero-emission vehicle deployment goals. |
|---|
| 2172 | 2183 | | |
|---|
| 2173 | 2184 | | (5) The office shall provide information and coordinate policy and procedural changes with relevant state entities, including, but not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Transportation Agency, and the California Transportation Commission, as needed, to ensure consistency among equity definitions, criteria, and targets used in the states zero-emission vehicle and infrastructure programs and to ensure best practices related to equity are incorporated into state planning for zero-emission vehicle deployment, funding, and program design. |
|---|
| 2174 | 2185 | | |
|---|
| 2175 | 2186 | | (6) In order to facilitate alignment of equity goals, the office may convene meetings or task forces that include state agencies, local government, utilities, labor, community-based organizations, air pollution control districts, air quality management districts, or private sector actors key to advancing zero-emission transportation goals. |
|---|
| 2176 | 2187 | | |
|---|
| 2177 | 2188 | | (b) (1) The office shall develop and adopt an equity action plan as part of the ZEV Market Development Strategy that considers optimizing for equity benefits in zero-emission vehicle deployment. |
|---|
| 2178 | 2189 | | |
|---|
| 2179 | 2190 | | (2) The equity action plan shall include both of the following: |
|---|
| 2180 | 2191 | | |
|---|
| 2181 | 2192 | | (A) Recommendations on actionable steps and metrics to measure and improve access to zero-emission vehicles, public and private charging infrastructure, and zero-emission vehicle transportation options in low-income, disadvantaged, and historically underserved communities, including, but not limited to, shared vehicles and other alternatives to single-owner vehicle ownership. |
|---|
| 2182 | 2193 | | |
|---|
| 2183 | 2194 | | (B) Recommendations to advance equity by reducing pollution driven by the transportation sector and related industries in low-income, disadvantaged, and historically underserved communities, including emissions from medium- and heavy-duty vehicles, and by supporting an equitable zero-emission vehicle industry and workforce. |
|---|
| 2184 | 2195 | | |
|---|
| 2185 | 2196 | | (3) The office shall assess progress towards the equity action plan as part of the update to the ZEV Market Development Strategy and notify the relevant policy committees of the Legislature of the information provided in that update. This assessment shall include, but is not limited to, metrics tracking both of the following: |
|---|
| 2186 | 2197 | | |
|---|
| 2187 | 2198 | | (A) State funding spent toward the deployment of zero-emission vehicle ownership and supporting infrastructure in disadvantaged and low-income communities, and the number and type of vehicles, including light-, medium-, and heavy-duty zero-emission vehicles, state and federal subsidies for zero-emission vehicles, different ownership structures for zero-emission vehicles, or charging infrastructure deployed with this funding. |
|---|
| 2188 | 2199 | | |
|---|
| 2189 | 2200 | | (B) State funding for multiyear projects that advance deployment of zero-emission vehicles in communities identified as disadvantaged communities prioritized by severity of air pollution from mobile sources, lack of charging infrastructure and electric vehicles, and transportation or transit deserts. |
|---|
| 2190 | 2201 | | |
|---|
| 2191 | 2202 | | (4) In developing the equity action plan, the office shall coordinate and partner with community organizations, local entities, state agencies, and other private and public stakeholders to steer an equitable zero-emission vehicle deployment. |
|---|
| 2192 | 2203 | | |
|---|
| 2193 | 2204 | | SEC. 35. Section 12526 of the Government Code is amended to read:12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice. |
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| 2194 | 2205 | | |
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| 2195 | 2206 | | SEC. 35. Section 12526 of the Government Code is amended to read: |
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| 2196 | 2207 | | |
|---|
| 2197 | 2208 | | ### SEC. 35. |
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| 2198 | 2209 | | |
|---|
| 2199 | 2210 | | 12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice. |
|---|
| 2200 | 2211 | | |
|---|
| 2201 | 2212 | | 12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice. |
|---|
| 2202 | 2213 | | |
|---|
| 2203 | 2214 | | 12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice. |
|---|
| 2204 | 2215 | | |
|---|
| 2205 | 2216 | | |
|---|
| 2206 | 2217 | | |
|---|
| 2207 | 2218 | | 12526. The Attorney General antitrust account is hereby created in the General Fund. All money in the account is available to the Department of Justice for expenditure in carrying out the antitrust activities of the department and for the refund, in accordance with law, of any moneys erroneously paid in to the account. Money in the account shall be available for expenditure only upon appropriation by the Legislature in the annual Budget Bill. Such appropriation may be augmented by executive order issued by the Director of Finance, provided that within 30 days after such augmentation the Director of Finance shall notify the Chairman of the Joint Legislative Budget Committee and the chairman of the committee in each house which consider appropriations of any additional allocations. It is the intent of the Legislature that any augmentation shall be limited to the amount required to meet specific unbudgeted workload needs. Any continuing increase in the level of antitrust activity shall be subject to legislative review through the appropriation process. The expenses of the antitrust section in excess of the funds available in the Attorney General antitrust account within the General Fund shall be paid out of the regular appropriation for the support of the Department of Justice. |
|---|
| 2208 | 2219 | | |
|---|
| 2209 | 2220 | | SEC. 36. Section 14634 of the Government Code is amended to read:14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation.(d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.(e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the departments general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations. |
|---|
| 2210 | 2221 | | |
|---|
| 2211 | 2222 | | SEC. 36. Section 14634 of the Government Code is amended to read: |
|---|
| 2212 | 2223 | | |
|---|
| 2213 | 2224 | | ### SEC. 36. |
|---|
| 2214 | 2225 | | |
|---|
| 2215 | 2226 | | 14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation.(d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.(e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the departments general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations. |
|---|
| 2216 | 2227 | | |
|---|
| 2217 | 2228 | | 14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation.(d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.(e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the departments general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations. |
|---|
| 2218 | 2229 | | |
|---|
| 2219 | 2230 | | 14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following:(1) Review the preliminary design plans to identify potential maintenance concerns.(2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns.(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.(4) Review final construction documents to ensure that the documents comply with all applicable laws.(5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.(6) Prepare an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:(1) The Joint Rules Committee has approved and adopted the plan for the monument.(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation.(d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.(e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the departments general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations. |
|---|
| 2220 | 2231 | | |
|---|
| 2221 | 2232 | | |
|---|
| 2222 | 2233 | | |
|---|
| 2223 | 2234 | | 14634. (a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section. |
|---|
| 2224 | 2235 | | |
|---|
| 2225 | 2236 | | (b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, shall do all of the following: |
|---|
| 2226 | 2237 | | |
|---|
| 2227 | 2238 | | (1) Review the preliminary design plans to identify potential maintenance concerns. |
|---|
| 2228 | 2239 | | |
|---|
| 2229 | 2240 | | (2) Ensure compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other safety concerns. |
|---|
| 2230 | 2241 | | |
|---|
| 2231 | 2242 | | (3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol. |
|---|
| 2232 | 2243 | | |
|---|
| 2233 | 2244 | | (4) Review final construction documents to ensure that the documents comply with all applicable laws. |
|---|
| 2234 | 2245 | | |
|---|
| 2235 | 2246 | | (5) Prepare the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements. |
|---|
| 2236 | 2247 | | |
|---|
| 2237 | 2248 | | (6) Prepare an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation. |
|---|
| 2238 | 2249 | | |
|---|
| 2239 | 2250 | | (7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section. |
|---|
| 2240 | 2251 | | |
|---|
| 2241 | 2252 | | (c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred: |
|---|
| 2242 | 2253 | | |
|---|
| 2243 | 2254 | | (1) The Joint Rules Committee has approved and adopted the plan for the monument. |
|---|
| 2244 | 2255 | | |
|---|
| 2245 | 2256 | | (2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation. |
|---|
| 2246 | 2257 | | |
|---|
| 2247 | 2258 | | (d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region. |
|---|
| 2248 | 2259 | | |
|---|
| 2249 | 2260 | | (e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the departments general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations. |
|---|
| 2250 | 2261 | | |
|---|
| 2251 | 2262 | | SEC. 37. Section 14669.23 is added to the Government Code, to read:14669.23. (a) Notwithstanding any other law applicable to actions taken by the Department of General Services for the delivery and installation of emergency sleeping cabins and related infrastructure, the Department of General Services may assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, provided all of the following conditions are met:(1) The projects occur within the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(2) A political subdivision has declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1.(3) The authority granted in this section applies only to the delivery of up to 1,200 emergency sleeping cabins.(4) The Department of General Services has executed a written transfer agreement with the political subdivision that includes both of the following terms:(A) The emergency sleeping cabins and the related improvements shall become the property of the political subdivision and the responsibility of the political subdivision to operate upon receiving a certificate of occupancy.(B) The political subdivision agrees that the emergency camping cabins shall be compliant with Housing First principles, low-barrier, service-enriched, and focused on moving people into permanent housing, and shall provide temporary living facilities while individuals experiencing homelessness are connected to income, public benefits, health services, shelter, and appropriate housing. Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:(i) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.(ii) Pets.(iii) The storage of possessions.(iv) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.(5) For the purposes of this section, emergency sleeping cabin shall have the same meaning as defined in the California Building Standards Code except that they may include plumbing and occupants shall not be charged rent.(6) For the purposes of this section, related improvements shall mean infrastructure work necessary to support the successful operations of the emergency sleeping cabins. Related improvements shall include, but are not limited to, utility connections and distribution, site modifications such as grading, vehicle access and parking, site security features, erection of administrative and treatment areas, and storage.(b) In providing assistance to a political subdivision pursuant to subdivision (a), the following provisions shall apply to any work undertaken by the Department of General Services:(1) The Department of General Services may utilize any delivery method that it, in its discretion, deems appropriate and advantageous.(2) The Department of General Services may carry out a project on real property that is not owned by the State of California, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins.(3) All work performed pursuant to this section by the Department of General Services shall be exempt from all of the following:(A) Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code.(B) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.(C) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3.(D) Upon the advance approval from the Department of Housing and Community Development for anything within their scope of authority, and only for the provision of emergency sleeping cabin projects pursuant to this section, any provision of the California Building Standards Code (Title 24 of the California Code of Regulations) may be waived consistent with ensuring minimum public health and safety standards and Appendix P of the California Building Standards Code.(E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) only if the development is not located on a site that is any of the following:(i) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(ii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(iii) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.(iv) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:(v) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.(vi) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.(vii) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1.(viii) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. A development may be located on a site described in this subparagraph if either of the following are met:(I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.(II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(III) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(ix) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(x) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(xi) Lands under conservation easement.(c) Nothing in this section shall be construed to waive any applicable housing law governing the operation of emergency sleeping cabins by political subdivisions.(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 2252 | 2263 | | |
|---|
| 2253 | 2264 | | SEC. 37. Section 14669.23 is added to the Government Code, to read: |
|---|
| 2254 | 2265 | | |
|---|
| 2255 | 2266 | | ### SEC. 37. |
|---|
| 2256 | 2267 | | |
|---|
| 2257 | 2268 | | 14669.23. (a) Notwithstanding any other law applicable to actions taken by the Department of General Services for the delivery and installation of emergency sleeping cabins and related infrastructure, the Department of General Services may assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, provided all of the following conditions are met:(1) The projects occur within the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(2) A political subdivision has declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1.(3) The authority granted in this section applies only to the delivery of up to 1,200 emergency sleeping cabins.(4) The Department of General Services has executed a written transfer agreement with the political subdivision that includes both of the following terms:(A) The emergency sleeping cabins and the related improvements shall become the property of the political subdivision and the responsibility of the political subdivision to operate upon receiving a certificate of occupancy.(B) The political subdivision agrees that the emergency camping cabins shall be compliant with Housing First principles, low-barrier, service-enriched, and focused on moving people into permanent housing, and shall provide temporary living facilities while individuals experiencing homelessness are connected to income, public benefits, health services, shelter, and appropriate housing. Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:(i) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.(ii) Pets.(iii) The storage of possessions.(iv) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.(5) For the purposes of this section, emergency sleeping cabin shall have the same meaning as defined in the California Building Standards Code except that they may include plumbing and occupants shall not be charged rent.(6) For the purposes of this section, related improvements shall mean infrastructure work necessary to support the successful operations of the emergency sleeping cabins. Related improvements shall include, but are not limited to, utility connections and distribution, site modifications such as grading, vehicle access and parking, site security features, erection of administrative and treatment areas, and storage.(b) In providing assistance to a political subdivision pursuant to subdivision (a), the following provisions shall apply to any work undertaken by the Department of General Services:(1) The Department of General Services may utilize any delivery method that it, in its discretion, deems appropriate and advantageous.(2) The Department of General Services may carry out a project on real property that is not owned by the State of California, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins.(3) All work performed pursuant to this section by the Department of General Services shall be exempt from all of the following:(A) Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code.(B) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.(C) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3.(D) Upon the advance approval from the Department of Housing and Community Development for anything within their scope of authority, and only for the provision of emergency sleeping cabin projects pursuant to this section, any provision of the California Building Standards Code (Title 24 of the California Code of Regulations) may be waived consistent with ensuring minimum public health and safety standards and Appendix P of the California Building Standards Code.(E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) only if the development is not located on a site that is any of the following:(i) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(ii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(iii) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.(iv) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:(v) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.(vi) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.(vii) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1.(viii) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. A development may be located on a site described in this subparagraph if either of the following are met:(I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.(II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(III) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(ix) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(x) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(xi) Lands under conservation easement.(c) Nothing in this section shall be construed to waive any applicable housing law governing the operation of emergency sleeping cabins by political subdivisions.(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 2258 | 2269 | | |
|---|
| 2259 | 2270 | | 14669.23. (a) Notwithstanding any other law applicable to actions taken by the Department of General Services for the delivery and installation of emergency sleeping cabins and related infrastructure, the Department of General Services may assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, provided all of the following conditions are met:(1) The projects occur within the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(2) A political subdivision has declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1.(3) The authority granted in this section applies only to the delivery of up to 1,200 emergency sleeping cabins.(4) The Department of General Services has executed a written transfer agreement with the political subdivision that includes both of the following terms:(A) The emergency sleeping cabins and the related improvements shall become the property of the political subdivision and the responsibility of the political subdivision to operate upon receiving a certificate of occupancy.(B) The political subdivision agrees that the emergency camping cabins shall be compliant with Housing First principles, low-barrier, service-enriched, and focused on moving people into permanent housing, and shall provide temporary living facilities while individuals experiencing homelessness are connected to income, public benefits, health services, shelter, and appropriate housing. Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:(i) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.(ii) Pets.(iii) The storage of possessions.(iv) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.(5) For the purposes of this section, emergency sleeping cabin shall have the same meaning as defined in the California Building Standards Code except that they may include plumbing and occupants shall not be charged rent.(6) For the purposes of this section, related improvements shall mean infrastructure work necessary to support the successful operations of the emergency sleeping cabins. Related improvements shall include, but are not limited to, utility connections and distribution, site modifications such as grading, vehicle access and parking, site security features, erection of administrative and treatment areas, and storage.(b) In providing assistance to a political subdivision pursuant to subdivision (a), the following provisions shall apply to any work undertaken by the Department of General Services:(1) The Department of General Services may utilize any delivery method that it, in its discretion, deems appropriate and advantageous.(2) The Department of General Services may carry out a project on real property that is not owned by the State of California, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins.(3) All work performed pursuant to this section by the Department of General Services shall be exempt from all of the following:(A) Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code.(B) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.(C) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3.(D) Upon the advance approval from the Department of Housing and Community Development for anything within their scope of authority, and only for the provision of emergency sleeping cabin projects pursuant to this section, any provision of the California Building Standards Code (Title 24 of the California Code of Regulations) may be waived consistent with ensuring minimum public health and safety standards and Appendix P of the California Building Standards Code.(E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) only if the development is not located on a site that is any of the following:(i) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(ii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(iii) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.(iv) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:(v) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.(vi) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.(vii) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1.(viii) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. A development may be located on a site described in this subparagraph if either of the following are met:(I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.(II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(III) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(ix) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(x) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(xi) Lands under conservation easement.(c) Nothing in this section shall be construed to waive any applicable housing law governing the operation of emergency sleeping cabins by political subdivisions.(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 2260 | 2271 | | |
|---|
| 2261 | 2272 | | 14669.23. (a) Notwithstanding any other law applicable to actions taken by the Department of General Services for the delivery and installation of emergency sleeping cabins and related infrastructure, the Department of General Services may assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, provided all of the following conditions are met:(1) The projects occur within the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles.(2) A political subdivision has declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1.(3) The authority granted in this section applies only to the delivery of up to 1,200 emergency sleeping cabins.(4) The Department of General Services has executed a written transfer agreement with the political subdivision that includes both of the following terms:(A) The emergency sleeping cabins and the related improvements shall become the property of the political subdivision and the responsibility of the political subdivision to operate upon receiving a certificate of occupancy.(B) The political subdivision agrees that the emergency camping cabins shall be compliant with Housing First principles, low-barrier, service-enriched, and focused on moving people into permanent housing, and shall provide temporary living facilities while individuals experiencing homelessness are connected to income, public benefits, health services, shelter, and appropriate housing. Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:(i) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.(ii) Pets.(iii) The storage of possessions.(iv) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.(5) For the purposes of this section, emergency sleeping cabin shall have the same meaning as defined in the California Building Standards Code except that they may include plumbing and occupants shall not be charged rent.(6) For the purposes of this section, related improvements shall mean infrastructure work necessary to support the successful operations of the emergency sleeping cabins. Related improvements shall include, but are not limited to, utility connections and distribution, site modifications such as grading, vehicle access and parking, site security features, erection of administrative and treatment areas, and storage.(b) In providing assistance to a political subdivision pursuant to subdivision (a), the following provisions shall apply to any work undertaken by the Department of General Services:(1) The Department of General Services may utilize any delivery method that it, in its discretion, deems appropriate and advantageous.(2) The Department of General Services may carry out a project on real property that is not owned by the State of California, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins.(3) All work performed pursuant to this section by the Department of General Services shall be exempt from all of the following:(A) Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code.(B) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.(C) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3.(D) Upon the advance approval from the Department of Housing and Community Development for anything within their scope of authority, and only for the provision of emergency sleeping cabin projects pursuant to this section, any provision of the California Building Standards Code (Title 24 of the California Code of Regulations) may be waived consistent with ensuring minimum public health and safety standards and Appendix P of the California Building Standards Code.(E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) only if the development is not located on a site that is any of the following:(i) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(ii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(iii) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.(iv) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:(v) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.(vi) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.(vii) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1.(viii) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. A development may be located on a site described in this subparagraph if either of the following are met:(I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.(II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(III) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(ix) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(x) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(xi) Lands under conservation easement.(c) Nothing in this section shall be construed to waive any applicable housing law governing the operation of emergency sleeping cabins by political subdivisions.(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 2262 | 2273 | | |
|---|
| 2263 | 2274 | | |
|---|
| 2264 | 2275 | | |
|---|
| 2265 | 2276 | | 14669.23. (a) Notwithstanding any other law applicable to actions taken by the Department of General Services for the delivery and installation of emergency sleeping cabins and related infrastructure, the Department of General Services may assist a political subdivision with delivery and installation of emergency sleeping cabins and related improvements, provided all of the following conditions are met: |
|---|
| 2266 | 2277 | | |
|---|
| 2267 | 2278 | | (1) The projects occur within the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles. |
|---|
| 2268 | 2279 | | |
|---|
| 2269 | 2280 | | (2) A political subdivision has declared a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1. |
|---|
| 2270 | 2281 | | |
|---|
| 2271 | 2282 | | (3) The authority granted in this section applies only to the delivery of up to 1,200 emergency sleeping cabins. |
|---|
| 2272 | 2283 | | |
|---|
| 2273 | 2284 | | (4) The Department of General Services has executed a written transfer agreement with the political subdivision that includes both of the following terms: |
|---|
| 2274 | 2285 | | |
|---|
| 2275 | 2286 | | (A) The emergency sleeping cabins and the related improvements shall become the property of the political subdivision and the responsibility of the political subdivision to operate upon receiving a certificate of occupancy. |
|---|
| 2276 | 2287 | | |
|---|
| 2277 | 2288 | | (B) The political subdivision agrees that the emergency camping cabins shall be compliant with Housing First principles, low-barrier, service-enriched, and focused on moving people into permanent housing, and shall provide temporary living facilities while individuals experiencing homelessness are connected to income, public benefits, health services, shelter, and appropriate housing. Low barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following: |
|---|
| 2278 | 2289 | | |
|---|
| 2279 | 2290 | | (i) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. |
|---|
| 2280 | 2291 | | |
|---|
| 2281 | 2292 | | (ii) Pets. |
|---|
| 2282 | 2293 | | |
|---|
| 2283 | 2294 | | (iii) The storage of possessions. |
|---|
| 2284 | 2295 | | |
|---|
| 2285 | 2296 | | (iv) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. |
|---|
| 2286 | 2297 | | |
|---|
| 2287 | 2298 | | (5) For the purposes of this section, emergency sleeping cabin shall have the same meaning as defined in the California Building Standards Code except that they may include plumbing and occupants shall not be charged rent. |
|---|
| 2288 | 2299 | | |
|---|
| 2289 | 2300 | | (6) For the purposes of this section, related improvements shall mean infrastructure work necessary to support the successful operations of the emergency sleeping cabins. Related improvements shall include, but are not limited to, utility connections and distribution, site modifications such as grading, vehicle access and parking, site security features, erection of administrative and treatment areas, and storage. |
|---|
| 2290 | 2301 | | |
|---|
| 2291 | 2302 | | (b) In providing assistance to a political subdivision pursuant to subdivision (a), the following provisions shall apply to any work undertaken by the Department of General Services: |
|---|
| 2292 | 2303 | | |
|---|
| 2293 | 2304 | | (1) The Department of General Services may utilize any delivery method that it, in its discretion, deems appropriate and advantageous. |
|---|
| 2294 | 2305 | | |
|---|
| 2295 | 2306 | | (2) The Department of General Services may carry out a project on real property that is not owned by the State of California, subject to the owners consent and provided that a political subdivision leases or owns the site for the purposes of operating the cabins. |
|---|
| 2296 | 2307 | | |
|---|
| 2297 | 2308 | | (3) All work performed pursuant to this section by the Department of General Services shall be exempt from all of the following: |
|---|
| 2298 | 2309 | | |
|---|
| 2299 | 2310 | | (A) Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code. |
|---|
| 2300 | 2311 | | |
|---|
| 2301 | 2312 | | (B) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. |
|---|
| 2302 | 2313 | | |
|---|
| 2303 | 2314 | | (C) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3. |
|---|
| 2304 | 2315 | | |
|---|
| 2305 | 2316 | | (D) Upon the advance approval from the Department of Housing and Community Development for anything within their scope of authority, and only for the provision of emergency sleeping cabin projects pursuant to this section, any provision of the California Building Standards Code (Title 24 of the California Code of Regulations) may be waived consistent with ensuring minimum public health and safety standards and Appendix P of the California Building Standards Code. |
|---|
| 2306 | 2317 | | |
|---|
| 2307 | 2318 | | (E) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) only if the development is not located on a site that is any of the following: |
|---|
| 2308 | 2319 | | |
|---|
| 2309 | 2320 | | (i) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. |
|---|
| 2310 | 2321 | | |
|---|
| 2311 | 2322 | | (ii) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). |
|---|
| 2312 | 2323 | | |
|---|
| 2313 | 2324 | | (iii) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. |
|---|
| 2314 | 2325 | | |
|---|
| 2315 | 2326 | | (iv) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply: |
|---|
| 2316 | 2327 | | |
|---|
| 2317 | 2328 | | (v) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5. |
|---|
| 2318 | 2329 | | |
|---|
| 2319 | 2330 | | (vi) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses. |
|---|
| 2320 | 2331 | | |
|---|
| 2321 | 2332 | | (vii) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1. |
|---|
| 2322 | 2333 | | |
|---|
| 2323 | 2334 | | (viii) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. A development may be located on a site described in this subparagraph if either of the following are met: |
|---|
| 2324 | 2335 | | |
|---|
| 2325 | 2336 | | (I) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. |
|---|
| 2326 | 2337 | | |
|---|
| 2327 | 2338 | | (II) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. |
|---|
| 2328 | 2339 | | |
|---|
| 2329 | 2340 | | (III) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. |
|---|
| 2330 | 2341 | | |
|---|
| 2331 | 2342 | | (ix) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. |
|---|
| 2332 | 2343 | | |
|---|
| 2333 | 2344 | | (x) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). |
|---|
| 2334 | 2345 | | |
|---|
| 2335 | 2346 | | (xi) Lands under conservation easement. |
|---|
| 2336 | 2347 | | |
|---|
| 2337 | 2348 | | (c) Nothing in this section shall be construed to waive any applicable housing law governing the operation of emergency sleeping cabins by political subdivisions. |
|---|
| 2338 | 2349 | | |
|---|
| 2339 | 2350 | | (d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. |
|---|
| 2340 | 2351 | | |
|---|
| 2341 | 2352 | | SEC. 38. Section 14670 of the Government Code is amended to read:14670. (a) With the consent of the state agency concerned, the director may do any of the following:(1) Let for a period not to exceed five years, any real or personal property that belongs to the state, the letting of which is not expressly prohibited by law, if the director deems the letting to be in the best interest of the state.(2) Sublet any real or personal property leased by the state, the subletting of which is not expressly prohibited by law, if the director deems the subletting to be in the best interest of the state.(3) Let for a period not to exceed five years, and at less than fair market rental, any real property of the state to any public agency for use as nonprofit, self-help community vegetable gardens and related supporting activities, provided:(A) Parcels let for those purposes shall not exceed five acres.(B) Two or more contiguous parcels shall not be let for those purposes.(C) Parcels shall be let subject to applicable local zoning ordinances.(b) The Legislature finds and declares that any leases let at less than fair market rental pursuant to paragraph (3) of subdivision (a) shall be of broad public benefit.(c) Any money received in connection with paragraph (1) of subdivision (a) shall be deposited in the Property Acquisition Law Money Account and, except those funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, shall be available to the department upon appropriation by the Legislature.(d) All money received pursuant to paragraph (2) of subdivision (a) shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the State Treasury and credited to the appropriation from which the cost of the lease was paid.(e) Notwithstanding subdivisions (a) to (d), inclusive, to promote employee wellness initiatives at facilities operated by the Department of Corrections and Rehabilitation, the director may determine that allowing a lease to be made at less than fair market value is in the states best interest. The director shall base this determination upon the Department of Corrections and Rehabilitations written request that justifies the letting of a lease at below fair market value. Notwithstanding subdivision (a), the leases may be entered into for a period not to exceed 10 years. The criteria and the process for exempting a lease from fair market value pursuant to this subdivision shall be published in the State Administrative Manual.(f) The Department of General Services shall report annually to the Joint Legislative Budget Committee on all new leases let at less than fair market rental value pursuant to subdivision (e). The report shall include the lease terms; the reasons, where applicable, for which the Department of Corrections and Rehabilitation requested a rental rate at less than fair market value; the justification for letting at a lesser rate; and the approach used to determine the final rental rate. |
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| 2342 | 2353 | | |
|---|
| 2343 | 2354 | | SEC. 38. Section 14670 of the Government Code is amended to read: |
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| 2344 | 2355 | | |
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| 2345 | 2356 | | ### SEC. 38. |
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| 2346 | 2357 | | |
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| 2347 | 2358 | | 14670. (a) With the consent of the state agency concerned, the director may do any of the following:(1) Let for a period not to exceed five years, any real or personal property that belongs to the state, the letting of which is not expressly prohibited by law, if the director deems the letting to be in the best interest of the state.(2) Sublet any real or personal property leased by the state, the subletting of which is not expressly prohibited by law, if the director deems the subletting to be in the best interest of the state.(3) Let for a period not to exceed five years, and at less than fair market rental, any real property of the state to any public agency for use as nonprofit, self-help community vegetable gardens and related supporting activities, provided:(A) Parcels let for those purposes shall not exceed five acres.(B) Two or more contiguous parcels shall not be let for those purposes.(C) Parcels shall be let subject to applicable local zoning ordinances.(b) The Legislature finds and declares that any leases let at less than fair market rental pursuant to paragraph (3) of subdivision (a) shall be of broad public benefit.(c) Any money received in connection with paragraph (1) of subdivision (a) shall be deposited in the Property Acquisition Law Money Account and, except those funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, shall be available to the department upon appropriation by the Legislature.(d) All money received pursuant to paragraph (2) of subdivision (a) shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the State Treasury and credited to the appropriation from which the cost of the lease was paid.(e) Notwithstanding subdivisions (a) to (d), inclusive, to promote employee wellness initiatives at facilities operated by the Department of Corrections and Rehabilitation, the director may determine that allowing a lease to be made at less than fair market value is in the states best interest. The director shall base this determination upon the Department of Corrections and Rehabilitations written request that justifies the letting of a lease at below fair market value. Notwithstanding subdivision (a), the leases may be entered into for a period not to exceed 10 years. The criteria and the process for exempting a lease from fair market value pursuant to this subdivision shall be published in the State Administrative Manual.(f) The Department of General Services shall report annually to the Joint Legislative Budget Committee on all new leases let at less than fair market rental value pursuant to subdivision (e). The report shall include the lease terms; the reasons, where applicable, for which the Department of Corrections and Rehabilitation requested a rental rate at less than fair market value; the justification for letting at a lesser rate; and the approach used to determine the final rental rate. |
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| 2348 | 2359 | | |
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| 2349 | 2360 | | 14670. (a) With the consent of the state agency concerned, the director may do any of the following:(1) Let for a period not to exceed five years, any real or personal property that belongs to the state, the letting of which is not expressly prohibited by law, if the director deems the letting to be in the best interest of the state.(2) Sublet any real or personal property leased by the state, the subletting of which is not expressly prohibited by law, if the director deems the subletting to be in the best interest of the state.(3) Let for a period not to exceed five years, and at less than fair market rental, any real property of the state to any public agency for use as nonprofit, self-help community vegetable gardens and related supporting activities, provided:(A) Parcels let for those purposes shall not exceed five acres.(B) Two or more contiguous parcels shall not be let for those purposes.(C) Parcels shall be let subject to applicable local zoning ordinances.(b) The Legislature finds and declares that any leases let at less than fair market rental pursuant to paragraph (3) of subdivision (a) shall be of broad public benefit.(c) Any money received in connection with paragraph (1) of subdivision (a) shall be deposited in the Property Acquisition Law Money Account and, except those funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, shall be available to the department upon appropriation by the Legislature.(d) All money received pursuant to paragraph (2) of subdivision (a) shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the State Treasury and credited to the appropriation from which the cost of the lease was paid.(e) Notwithstanding subdivisions (a) to (d), inclusive, to promote employee wellness initiatives at facilities operated by the Department of Corrections and Rehabilitation, the director may determine that allowing a lease to be made at less than fair market value is in the states best interest. The director shall base this determination upon the Department of Corrections and Rehabilitations written request that justifies the letting of a lease at below fair market value. Notwithstanding subdivision (a), the leases may be entered into for a period not to exceed 10 years. The criteria and the process for exempting a lease from fair market value pursuant to this subdivision shall be published in the State Administrative Manual.(f) The Department of General Services shall report annually to the Joint Legislative Budget Committee on all new leases let at less than fair market rental value pursuant to subdivision (e). The report shall include the lease terms; the reasons, where applicable, for which the Department of Corrections and Rehabilitation requested a rental rate at less than fair market value; the justification for letting at a lesser rate; and the approach used to determine the final rental rate. |
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| 2350 | 2361 | | |
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| 2351 | 2362 | | 14670. (a) With the consent of the state agency concerned, the director may do any of the following:(1) Let for a period not to exceed five years, any real or personal property that belongs to the state, the letting of which is not expressly prohibited by law, if the director deems the letting to be in the best interest of the state.(2) Sublet any real or personal property leased by the state, the subletting of which is not expressly prohibited by law, if the director deems the subletting to be in the best interest of the state.(3) Let for a period not to exceed five years, and at less than fair market rental, any real property of the state to any public agency for use as nonprofit, self-help community vegetable gardens and related supporting activities, provided:(A) Parcels let for those purposes shall not exceed five acres.(B) Two or more contiguous parcels shall not be let for those purposes.(C) Parcels shall be let subject to applicable local zoning ordinances.(b) The Legislature finds and declares that any leases let at less than fair market rental pursuant to paragraph (3) of subdivision (a) shall be of broad public benefit.(c) Any money received in connection with paragraph (1) of subdivision (a) shall be deposited in the Property Acquisition Law Money Account and, except those funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, shall be available to the department upon appropriation by the Legislature.(d) All money received pursuant to paragraph (2) of subdivision (a) shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the State Treasury and credited to the appropriation from which the cost of the lease was paid.(e) Notwithstanding subdivisions (a) to (d), inclusive, to promote employee wellness initiatives at facilities operated by the Department of Corrections and Rehabilitation, the director may determine that allowing a lease to be made at less than fair market value is in the states best interest. The director shall base this determination upon the Department of Corrections and Rehabilitations written request that justifies the letting of a lease at below fair market value. Notwithstanding subdivision (a), the leases may be entered into for a period not to exceed 10 years. The criteria and the process for exempting a lease from fair market value pursuant to this subdivision shall be published in the State Administrative Manual.(f) The Department of General Services shall report annually to the Joint Legislative Budget Committee on all new leases let at less than fair market rental value pursuant to subdivision (e). The report shall include the lease terms; the reasons, where applicable, for which the Department of Corrections and Rehabilitation requested a rental rate at less than fair market value; the justification for letting at a lesser rate; and the approach used to determine the final rental rate. |
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| 2352 | 2363 | | |
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| 2353 | 2364 | | |
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| 2354 | 2365 | | |
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| 2355 | 2366 | | 14670. (a) With the consent of the state agency concerned, the director may do any of the following: |
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| 2356 | 2367 | | |
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| 2357 | 2368 | | (1) Let for a period not to exceed five years, any real or personal property that belongs to the state, the letting of which is not expressly prohibited by law, if the director deems the letting to be in the best interest of the state. |
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| 2358 | 2369 | | |
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| 2359 | 2370 | | (2) Sublet any real or personal property leased by the state, the subletting of which is not expressly prohibited by law, if the director deems the subletting to be in the best interest of the state. |
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| 2360 | 2371 | | |
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| 2361 | 2372 | | (3) Let for a period not to exceed five years, and at less than fair market rental, any real property of the state to any public agency for use as nonprofit, self-help community vegetable gardens and related supporting activities, provided: |
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| 2362 | 2373 | | |
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| 2363 | 2374 | | (A) Parcels let for those purposes shall not exceed five acres. |
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| 2364 | 2375 | | |
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| 2365 | 2376 | | (B) Two or more contiguous parcels shall not be let for those purposes. |
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| 2366 | 2377 | | |
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| 2367 | 2378 | | (C) Parcels shall be let subject to applicable local zoning ordinances. |
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| 2368 | 2379 | | |
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| 2369 | 2380 | | (b) The Legislature finds and declares that any leases let at less than fair market rental pursuant to paragraph (3) of subdivision (a) shall be of broad public benefit. |
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| 2370 | 2381 | | |
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| 2371 | 2382 | | (c) Any money received in connection with paragraph (1) of subdivision (a) shall be deposited in the Property Acquisition Law Money Account and, except those funds necessary to maintain an operating reserve sufficient to continue redeveloping excess state properties as affordable housing, shall be available to the department upon appropriation by the Legislature. |
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| 2372 | 2383 | | |
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| 2373 | 2384 | | (d) All money received pursuant to paragraph (2) of subdivision (a) shall be accounted for to the Controller at the close of each month and on order of the Controller be paid into the State Treasury and credited to the appropriation from which the cost of the lease was paid. |
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| 2374 | 2385 | | |
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| 2375 | 2386 | | (e) Notwithstanding subdivisions (a) to (d), inclusive, to promote employee wellness initiatives at facilities operated by the Department of Corrections and Rehabilitation, the director may determine that allowing a lease to be made at less than fair market value is in the states best interest. The director shall base this determination upon the Department of Corrections and Rehabilitations written request that justifies the letting of a lease at below fair market value. Notwithstanding subdivision (a), the leases may be entered into for a period not to exceed 10 years. The criteria and the process for exempting a lease from fair market value pursuant to this subdivision shall be published in the State Administrative Manual. |
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| 2376 | 2387 | | |
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| 2377 | 2388 | | (f) The Department of General Services shall report annually to the Joint Legislative Budget Committee on all new leases let at less than fair market rental value pursuant to subdivision (e). The report shall include the lease terms; the reasons, where applicable, for which the Department of Corrections and Rehabilitation requested a rental rate at less than fair market value; the justification for letting at a lesser rate; and the approach used to determine the final rental rate. |
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| 2378 | 2389 | | |
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| 2379 | 2390 | | SEC. 39. Section 15679 of the Government Code is amended to read:15679. (a) (1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.(2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the offices duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.(3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following:(A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges.(B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).(C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.(b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1. |
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| 2380 | 2391 | | |
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| 2381 | 2392 | | SEC. 39. Section 15679 of the Government Code is amended to read: |
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| 2382 | 2393 | | |
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| 2383 | 2394 | | ### SEC. 39. |
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| 2384 | 2395 | | |
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| 2385 | 2396 | | 15679. (a) (1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.(2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the offices duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.(3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following:(A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges.(B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).(C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.(b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1. |
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| 2386 | 2397 | | |
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| 2387 | 2398 | | 15679. (a) (1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.(2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the offices duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.(3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following:(A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges.(B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).(C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.(b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1. |
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| 2388 | 2399 | | |
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| 2389 | 2400 | | 15679. (a) (1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.(2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the offices duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.(3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following:(A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges.(B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).(C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.(b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1. |
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| 2390 | 2401 | | |
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| 2391 | 2402 | | |
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| 2392 | 2403 | | |
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| 2393 | 2404 | | 15679. (a) (1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1. |
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| 2394 | 2405 | | |
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| 2395 | 2406 | | (2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the offices duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law. |
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| 2396 | 2407 | | |
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| 2397 | 2408 | | (3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following: |
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| 2398 | 2409 | | |
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| 2399 | 2410 | | (A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges. |
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| 2400 | 2411 | | |
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| 2401 | 2412 | | (B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). |
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| 2402 | 2413 | | |
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| 2403 | 2414 | | (C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association. |
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| 2404 | 2415 | | |
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| 2405 | 2416 | | (b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1. |
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| 2406 | 2417 | | |
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| 2407 | 2418 | | SEC. 40. Section 16427 of the Government Code is amended to read:16427. (a) For purposes of this article, department means the Department of Justice.(b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund.(c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application.(d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior.(e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.(f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund.(g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information:(1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported.(2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund.(3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change.(4) The receipt of any interest income and the amount attributable to each case. |
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| 2408 | 2419 | | |
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| 2409 | 2420 | | SEC. 40. Section 16427 of the Government Code is amended to read: |
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| 2410 | 2421 | | |
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| 2411 | 2422 | | ### SEC. 40. |
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| 2412 | 2423 | | |
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| 2413 | 2424 | | 16427. (a) For purposes of this article, department means the Department of Justice.(b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund.(c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application.(d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior.(e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.(f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund.(g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information:(1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported.(2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund.(3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change.(4) The receipt of any interest income and the amount attributable to each case. |
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| 2414 | 2425 | | |
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| 2415 | 2426 | | 16427. (a) For purposes of this article, department means the Department of Justice.(b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund.(c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application.(d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior.(e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.(f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund.(g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information:(1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported.(2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund.(3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change.(4) The receipt of any interest income and the amount attributable to each case. |
|---|
| 2416 | 2427 | | |
|---|
| 2417 | 2428 | | 16427. (a) For purposes of this article, department means the Department of Justice.(b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund.(c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application.(d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior.(e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024.(f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund.(g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information:(1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported.(2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund.(3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change.(4) The receipt of any interest income and the amount attributable to each case. |
|---|
| 2418 | 2429 | | |
|---|
| 2419 | 2430 | | |
|---|
| 2420 | 2431 | | |
|---|
| 2421 | 2432 | | 16427. (a) For purposes of this article, department means the Department of Justice. |
|---|
| 2422 | 2433 | | |
|---|
| 2423 | 2434 | | (b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund. |
|---|
| 2424 | 2435 | | |
|---|
| 2425 | 2436 | | (c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application. |
|---|
| 2426 | 2437 | | |
|---|
| 2427 | 2438 | | (d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior. |
|---|
| 2428 | 2439 | | |
|---|
| 2429 | 2440 | | (e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024. |
|---|
| 2430 | 2441 | | |
|---|
| 2431 | 2442 | | (f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund. |
|---|
| 2432 | 2443 | | |
|---|
| 2433 | 2444 | | (g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information: |
|---|
| 2434 | 2445 | | |
|---|
| 2435 | 2446 | | (1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorneys fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported. |
|---|
| 2436 | 2447 | | |
|---|
| 2437 | 2448 | | (2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund. |
|---|
| 2438 | 2449 | | |
|---|
| 2439 | 2450 | | (3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change. |
|---|
| 2440 | 2451 | | |
|---|
| 2441 | 2452 | | (4) The receipt of any interest income and the amount attributable to each case. |
|---|
| 2442 | 2453 | | |
|---|
| 2443 | 2454 | | SEC. 41. Section 16428 of the Government Code is amended to read:16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations.All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations.Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created. |
|---|
| 2444 | 2455 | | |
|---|
| 2445 | 2456 | | SEC. 41. Section 16428 of the Government Code is amended to read: |
|---|
| 2446 | 2457 | | |
|---|
| 2447 | 2458 | | ### SEC. 41. |
|---|
| 2448 | 2459 | | |
|---|
| 2449 | 2460 | | 16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations.All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations.Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created. |
|---|
| 2450 | 2461 | | |
|---|
| 2451 | 2462 | | 16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations.All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations.Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created. |
|---|
| 2452 | 2463 | | |
|---|
| 2453 | 2464 | | 16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations.All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations.Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created. |
|---|
| 2454 | 2465 | | |
|---|
| 2455 | 2466 | | |
|---|
| 2456 | 2467 | | |
|---|
| 2457 | 2468 | | 16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations. |
|---|
| 2458 | 2469 | | |
|---|
| 2459 | 2470 | | All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations. |
|---|
| 2460 | 2471 | | |
|---|
| 2461 | 2472 | | Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created. |
|---|
| 2462 | 2473 | | |
|---|
| 2463 | 2474 | | SEC. 42. Section 412.5 of the Military and Veterans Code is amended to read:412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following:(1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation.(2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1).(3) Adopt rules and regulations for all of the following:(A) The California Military Department Foundation.(B) The solicitation and acceptance of funds authorized pursuant to subdivision (b).(C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds.(4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section.(5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party.(B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement.(b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section.(2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section.(c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department.(2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision.(3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section.(d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.(e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund.(f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance. |
|---|
| 2464 | 2475 | | |
|---|
| 2465 | 2476 | | SEC. 42. Section 412.5 of the Military and Veterans Code is amended to read: |
|---|
| 2466 | 2477 | | |
|---|
| 2467 | 2478 | | ### SEC. 42. |
|---|
| 2468 | 2479 | | |
|---|
| 2469 | 2480 | | 412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following:(1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation.(2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1).(3) Adopt rules and regulations for all of the following:(A) The California Military Department Foundation.(B) The solicitation and acceptance of funds authorized pursuant to subdivision (b).(C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds.(4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section.(5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party.(B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement.(b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section.(2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section.(c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department.(2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision.(3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section.(d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.(e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund.(f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance. |
|---|
| 2470 | 2481 | | |
|---|
| 2471 | 2482 | | 412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following:(1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation.(2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1).(3) Adopt rules and regulations for all of the following:(A) The California Military Department Foundation.(B) The solicitation and acceptance of funds authorized pursuant to subdivision (b).(C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds.(4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section.(5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party.(B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement.(b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section.(2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section.(c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department.(2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision.(3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section.(d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.(e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund.(f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance. |
|---|
| 2472 | 2483 | | |
|---|
| 2473 | 2484 | | 412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following:(1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation.(2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1).(3) Adopt rules and regulations for all of the following:(A) The California Military Department Foundation.(B) The solicitation and acceptance of funds authorized pursuant to subdivision (b).(C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds.(4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section.(5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party.(B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement.(b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section.(2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section.(c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department.(2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision.(3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section.(d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.(e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund.(f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance. |
|---|
| 2474 | 2485 | | |
|---|
| 2475 | 2486 | | |
|---|
| 2476 | 2487 | | |
|---|
| 2477 | 2488 | | 412.5. (a) Notwithstanding any other law, the Adjutant General may do all of the following: |
|---|
| 2478 | 2489 | | |
|---|
| 2479 | 2490 | | (1) Establish support programs, including, but not limited to, morale, welfare, recreational, training, and educational programs for the benefit of the Military Department, its components, and its soldiers, airmen, and cadets, including their family members. These programs shall be collectively known as the California Military Department Foundation. |
|---|
| 2480 | 2491 | | |
|---|
| 2481 | 2492 | | (2) Establish, construct, or acquire facilities or equipment for the purposes specified in paragraph (1). |
|---|
| 2482 | 2493 | | |
|---|
| 2483 | 2494 | | (3) Adopt rules and regulations for all of the following: |
|---|
| 2484 | 2495 | | |
|---|
| 2485 | 2496 | | (A) The California Military Department Foundation. |
|---|
| 2486 | 2497 | | |
|---|
| 2487 | 2498 | | (B) The solicitation and acceptance of funds authorized pursuant to subdivision (b). |
|---|
| 2488 | 2499 | | |
|---|
| 2489 | 2500 | | (C) The establishment, deposit, and expenditure of military post, welfare, or similar unit funds. |
|---|
| 2490 | 2501 | | |
|---|
| 2491 | 2502 | | (4) Perform other acts as may be necessary, desirable, or proper to carry out the purposes of this section. |
|---|
| 2492 | 2503 | | |
|---|
| 2493 | 2504 | | (5) (A) The Adjutant General and the Military Department may enter into agreements with nonprofit military or veteran foundations, military organizations, or other entities to conduct California Military Department Support Fund activities pursuant to established rules and regulations. An agreement may be in the form of a memorandum of agreement that describes the roles and responsibilities of each party. |
|---|
| 2494 | 2505 | | |
|---|
| 2495 | 2506 | | (B) Notwithstanding subdivision (b) and Section 13340 of the Government Code, the Military Department may expend money in the California Military Department Support Fund to pay a nonprofit military or veteran foundation, military organization, or other entity for the sole purpose of supporting California Military Department Support Fund activities pursuant to this paragraph if that money was donated for those purposes. Payments pursuant to this subparagraph may include an advance payment to a nonprofit military or veteran foundation, military organization, or other entity with instructions regarding the use of the moneys. A nonprofit military or veteran foundation, military organization, or other entity shall return any balance of unused moneys to the Military Department within 30 days of the expiration of any agreement or memorandum of agreement. |
|---|
| 2496 | 2507 | | |
|---|
| 2497 | 2508 | | (b) (1) There is the California Military Department Support Fund established in the State Treasury. Except as set forth in subparagraph (B) of paragraph (5) of subdivision (a), the money in the California Military Department Support Fund is available, upon appropriation by the Legislature, solely for the purposes prescribed by this section. |
|---|
| 2498 | 2509 | | |
|---|
| 2499 | 2510 | | (2) It is the intent of the Legislature that funds appropriated to the Military Department, as provided by this section, be used to supplement, not supplant, funding appropriated to the Military Department pursuant to any other law for the purposes prescribed by this section. |
|---|
| 2500 | 2511 | | |
|---|
| 2501 | 2512 | | (c) (1) Notwithstanding any other law, the Adjutant General and the Military Department may solicit and accept funds or other donations that shall be deposited in the California Military Department Support Fund. In-kind donations may be accepted and accounted for pursuant to rules and regulations promulgated by the department. |
|---|
| 2502 | 2513 | | |
|---|
| 2503 | 2514 | | (2) Section 11005 of the Government Code does not apply to the acceptance of funds or other donations pursuant to this subdivision. |
|---|
| 2504 | 2515 | | |
|---|
| 2505 | 2516 | | (3) Except for the purposes of paragraph (2) of subdivision (a), Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code does not apply to the expenditure of funds or donations for the purposes of this section. |
|---|
| 2506 | 2517 | | |
|---|
| 2507 | 2518 | | (d) For accounting and recordkeeping purposes, the California Military Department Support Fund shall be deemed to be a single special fund, and special funds therein shall constitute and be deemed to be a separate account in the California Military Department Support Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. |
|---|
| 2508 | 2519 | | |
|---|
| 2509 | 2520 | | (e) The California National Guard Military Family Relief Fund is hereby repealed, and all moneys remaining in the fund on the date the fund is repealed shall be deposited into the California Military Department Support Fund. |
|---|
| 2510 | 2521 | | |
|---|
| 2511 | 2522 | | (f) On or before March 31 of each year, the Adjutant General shall conduct an internal audit of the fund established in accordance with subdivision (b) and report the findings of the audit to the Department of Finance. |
|---|
| 2512 | 2523 | | |
|---|
| 2513 | 2524 | | SEC. 43. Section 431.5 is added to the Military and Veterans Code, to read:431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements. |
|---|
| 2514 | 2525 | | |
|---|
| 2515 | 2526 | | SEC. 43. Section 431.5 is added to the Military and Veterans Code, to read: |
|---|
| 2516 | 2527 | | |
|---|
| 2517 | 2528 | | ### SEC. 43. |
|---|
| 2518 | 2529 | | |
|---|
| 2519 | 2530 | | 431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements. |
|---|
| 2520 | 2531 | | |
|---|
| 2521 | 2532 | | 431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements. |
|---|
| 2522 | 2533 | | |
|---|
| 2523 | 2534 | | 431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements. |
|---|
| 2524 | 2535 | | |
|---|
| 2525 | 2536 | | |
|---|
| 2526 | 2537 | | |
|---|
| 2527 | 2538 | | 431.5. There is in the State Treasury the Army Facilities Agreement Program Income Fund. Any revenue received from nonfederal tenants use of Military Department facilities shall be deposited into the fund. The money in the fund is available, upon appropriation by the Legislature, for the purpose of maintenance, repairs, improvements, and other activities necessary to maintain Army National Guard facilities and shall be expended pursuant to the National Guard Bureau Army Facilities Program Cooperative Agreement or be returned to the United States Property and Fiscal Office of California pursuant to the Army Facilities Program Cooperative Agreement requirements. |
|---|
| 2528 | 2539 | | |
|---|
| 2529 | 2540 | | SEC. 44. Chapter 14 (commencing with Section 5875) is added to Division 5 of the Public Resources Code, to read: CHAPTER 14. Southeast Los Angeles Cultural Center5875. For purposes of this chapter, the following definitions shall apply:(a) County means the County of Los Angeles.(b) Cultural center means the Southeast Los Angeles Cultural Center.(c) Panel means the Southeast Los Angeles Cultural Center Development Advisory Panel.(d) SELA means southeast Los Angeles.5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e).(b) It is the intent of the Legislature that the objectives of the panel include all of the following:(1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028.(2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center.(3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panels work as outlined in subdivision (c).(c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following:(1) Advising on the design, ownership, operations, and governance of the cultural center.(2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements:(A) A proposed operating model with a recommendation for an operator or operators of the cultural center.(B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs.(3) Ongoing community engagement efforts for the cultural centers development, including the following:(A) Community outreach.(B) Public convening.(C) Relations with local governments, state agencies, and tribal communities.(D) Relations with SELA artists and schools.(E) Promotion of the cultural center and its services.(4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community.(5) Promoting public accessibility and connectivity between the cultural center and its communities.(6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships.(d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees.(e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows:(1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community.(2) The Secretary of the Natural Resources Agency shall appoint seven members as follows:(A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs.(B) Two representatives of SELA community artist nonprofit organizations.(C) One representative, 21 years of age or under, of SELA community youth.(D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts.(E) One representative of the Los Angeles Philharmonic Association.(F) One representative from the local tribal community.(f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural centers activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center.(g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancys work and legal duties to develop and construct the cultural center.(h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates.(i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance.5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed. |
|---|
| 2530 | 2541 | | |
|---|
| 2531 | 2542 | | SEC. 44. Chapter 14 (commencing with Section 5875) is added to Division 5 of the Public Resources Code, to read: |
|---|
| 2532 | 2543 | | |
|---|
| 2533 | 2544 | | ### SEC. 44. |
|---|
| 2534 | 2545 | | |
|---|
| 2535 | 2546 | | CHAPTER 14. Southeast Los Angeles Cultural Center5875. For purposes of this chapter, the following definitions shall apply:(a) County means the County of Los Angeles.(b) Cultural center means the Southeast Los Angeles Cultural Center.(c) Panel means the Southeast Los Angeles Cultural Center Development Advisory Panel.(d) SELA means southeast Los Angeles.5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e).(b) It is the intent of the Legislature that the objectives of the panel include all of the following:(1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028.(2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center.(3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panels work as outlined in subdivision (c).(c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following:(1) Advising on the design, ownership, operations, and governance of the cultural center.(2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements:(A) A proposed operating model with a recommendation for an operator or operators of the cultural center.(B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs.(3) Ongoing community engagement efforts for the cultural centers development, including the following:(A) Community outreach.(B) Public convening.(C) Relations with local governments, state agencies, and tribal communities.(D) Relations with SELA artists and schools.(E) Promotion of the cultural center and its services.(4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community.(5) Promoting public accessibility and connectivity between the cultural center and its communities.(6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships.(d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees.(e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows:(1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community.(2) The Secretary of the Natural Resources Agency shall appoint seven members as follows:(A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs.(B) Two representatives of SELA community artist nonprofit organizations.(C) One representative, 21 years of age or under, of SELA community youth.(D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts.(E) One representative of the Los Angeles Philharmonic Association.(F) One representative from the local tribal community.(f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural centers activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center.(g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancys work and legal duties to develop and construct the cultural center.(h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates.(i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance.5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed. |
|---|
| 2536 | 2547 | | |
|---|
| 2537 | 2548 | | CHAPTER 14. Southeast Los Angeles Cultural Center5875. For purposes of this chapter, the following definitions shall apply:(a) County means the County of Los Angeles.(b) Cultural center means the Southeast Los Angeles Cultural Center.(c) Panel means the Southeast Los Angeles Cultural Center Development Advisory Panel.(d) SELA means southeast Los Angeles.5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e).(b) It is the intent of the Legislature that the objectives of the panel include all of the following:(1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028.(2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center.(3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panels work as outlined in subdivision (c).(c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following:(1) Advising on the design, ownership, operations, and governance of the cultural center.(2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements:(A) A proposed operating model with a recommendation for an operator or operators of the cultural center.(B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs.(3) Ongoing community engagement efforts for the cultural centers development, including the following:(A) Community outreach.(B) Public convening.(C) Relations with local governments, state agencies, and tribal communities.(D) Relations with SELA artists and schools.(E) Promotion of the cultural center and its services.(4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community.(5) Promoting public accessibility and connectivity between the cultural center and its communities.(6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships.(d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees.(e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows:(1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community.(2) The Secretary of the Natural Resources Agency shall appoint seven members as follows:(A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs.(B) Two representatives of SELA community artist nonprofit organizations.(C) One representative, 21 years of age or under, of SELA community youth.(D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts.(E) One representative of the Los Angeles Philharmonic Association.(F) One representative from the local tribal community.(f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural centers activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center.(g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancys work and legal duties to develop and construct the cultural center.(h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates.(i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance.5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed. |
|---|
| 2538 | 2549 | | |
|---|
| 2539 | 2550 | | CHAPTER 14. Southeast Los Angeles Cultural Center |
|---|
| 2540 | 2551 | | |
|---|
| 2541 | 2552 | | CHAPTER 14. Southeast Los Angeles Cultural Center |
|---|
| 2542 | 2553 | | |
|---|
| 2543 | 2554 | | 5875. For purposes of this chapter, the following definitions shall apply:(a) County means the County of Los Angeles.(b) Cultural center means the Southeast Los Angeles Cultural Center.(c) Panel means the Southeast Los Angeles Cultural Center Development Advisory Panel.(d) SELA means southeast Los Angeles. |
|---|
| 2544 | 2555 | | |
|---|
| 2545 | 2556 | | |
|---|
| 2546 | 2557 | | |
|---|
| 2547 | 2558 | | 5875. For purposes of this chapter, the following definitions shall apply: |
|---|
| 2548 | 2559 | | |
|---|
| 2549 | 2560 | | (a) County means the County of Los Angeles. |
|---|
| 2550 | 2561 | | |
|---|
| 2551 | 2562 | | (b) Cultural center means the Southeast Los Angeles Cultural Center. |
|---|
| 2552 | 2563 | | |
|---|
| 2553 | 2564 | | (c) Panel means the Southeast Los Angeles Cultural Center Development Advisory Panel. |
|---|
| 2554 | 2565 | | |
|---|
| 2555 | 2566 | | (d) SELA means southeast Los Angeles. |
|---|
| 2556 | 2567 | | |
|---|
| 2557 | 2568 | | 5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e).(b) It is the intent of the Legislature that the objectives of the panel include all of the following:(1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028.(2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center.(3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panels work as outlined in subdivision (c).(c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following:(1) Advising on the design, ownership, operations, and governance of the cultural center.(2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements:(A) A proposed operating model with a recommendation for an operator or operators of the cultural center.(B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs.(3) Ongoing community engagement efforts for the cultural centers development, including the following:(A) Community outreach.(B) Public convening.(C) Relations with local governments, state agencies, and tribal communities.(D) Relations with SELA artists and schools.(E) Promotion of the cultural center and its services.(4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community.(5) Promoting public accessibility and connectivity between the cultural center and its communities.(6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships.(d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees.(e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows:(1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community.(2) The Secretary of the Natural Resources Agency shall appoint seven members as follows:(A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs.(B) Two representatives of SELA community artist nonprofit organizations.(C) One representative, 21 years of age or under, of SELA community youth.(D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts.(E) One representative of the Los Angeles Philharmonic Association.(F) One representative from the local tribal community.(f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural centers activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center.(g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancys work and legal duties to develop and construct the cultural center.(h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates.(i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance. |
|---|
| 2558 | 2569 | | |
|---|
| 2559 | 2570 | | |
|---|
| 2560 | 2571 | | |
|---|
| 2561 | 2572 | | 5876. (a) The Southeast Los Angeles Cultural Center Development Advisory Panel is hereby created to provide advice to the state and to the county in the development of the Southeast Los Angeles Cultural Center. The panel shall be convened by the department within 60 days of completion of appointments to the panel pursuant to subdivision (e). |
|---|
| 2562 | 2573 | | |
|---|
| 2563 | 2574 | | (b) It is the intent of the Legislature that the objectives of the panel include all of the following: |
|---|
| 2564 | 2575 | | |
|---|
| 2565 | 2576 | | (1) Advise the department, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and the county on the logistics for completing construction and opening the cultural center to the SELA community by 2028. |
|---|
| 2566 | 2577 | | |
|---|
| 2567 | 2578 | | (2) Develop and recommend a vision for the cultural center that supports the existing SELA community, particularly SELA artists of all kinds, including the development of partnerships that support the cultural center. |
|---|
| 2568 | 2579 | | |
|---|
| 2569 | 2580 | | (3) On or before December 31, 2024, establish a work plan to set deadlines for completing the panels work as outlined in subdivision (c). |
|---|
| 2570 | 2581 | | |
|---|
| 2571 | 2582 | | (c) The duties and responsibilities of the panel shall include, but not be limited to, all of the following: |
|---|
| 2572 | 2583 | | |
|---|
| 2573 | 2584 | | (1) Advising on the design, ownership, operations, and governance of the cultural center. |
|---|
| 2574 | 2585 | | |
|---|
| 2575 | 2586 | | (2) By January 1, 2027, developing a recommended operations plan for the cultural center, which shall not include a commitment of ongoing state resources. The operations plan shall include, but not be limited to, both of the following elements: |
|---|
| 2576 | 2587 | | |
|---|
| 2577 | 2588 | | (A) A proposed operating model with a recommendation for an operator or operators of the cultural center. |
|---|
| 2578 | 2589 | | |
|---|
| 2579 | 2590 | | (B) An analysis of annual operational costs and needs, including potential staffing and maintenance costs. |
|---|
| 2580 | 2591 | | |
|---|
| 2581 | 2592 | | (3) Ongoing community engagement efforts for the cultural centers development, including the following: |
|---|
| 2582 | 2593 | | |
|---|
| 2583 | 2594 | | (A) Community outreach. |
|---|
| 2584 | 2595 | | |
|---|
| 2585 | 2596 | | (B) Public convening. |
|---|
| 2586 | 2597 | | |
|---|
| 2587 | 2598 | | (C) Relations with local governments, state agencies, and tribal communities. |
|---|
| 2588 | 2599 | | |
|---|
| 2589 | 2600 | | (D) Relations with SELA artists and schools. |
|---|
| 2590 | 2601 | | |
|---|
| 2591 | 2602 | | (E) Promotion of the cultural center and its services. |
|---|
| 2592 | 2603 | | |
|---|
| 2593 | 2604 | | (4) Building partnerships with, and among, the state, the county, SELA community groups, SELA cities, and other local agencies, artists, arts organizations, schools, colleges, and universities, to create arts and cultural education and programming that serves the SELA community. |
|---|
| 2594 | 2605 | | |
|---|
| 2595 | 2606 | | (5) Promoting public accessibility and connectivity between the cultural center and its communities. |
|---|
| 2596 | 2607 | | |
|---|
| 2597 | 2608 | | (6) Identifying potential models for funding the construction and operation of the cultural center, including public and private partnerships. |
|---|
| 2598 | 2609 | | |
|---|
| 2599 | 2610 | | (d) The panel shall be chaired by the director and may be cochaired by the county supervisor representing the SELA region for the fourth supervisorial district, or by their designees. |
|---|
| 2600 | 2611 | | |
|---|
| 2601 | 2612 | | (e) The panel shall consist of nine other voting members if the county supervisor described in subdivision (d) elects to participate, or seven other voting members if the county supervisor does not elect to participate, who shall serve for two years and shall be eligible for reappointment, to pursue the objectives described in subdivision (b) as follows: |
|---|
| 2602 | 2613 | | |
|---|
| 2603 | 2614 | | (1) If the county supervisor described in subdivision (d) elects to participate in the panel, the county supervisor may appoint two members representing a county agency or the SELA community. |
|---|
| 2604 | 2615 | | |
|---|
| 2605 | 2616 | | (2) The Secretary of the Natural Resources Agency shall appoint seven members as follows: |
|---|
| 2606 | 2617 | | |
|---|
| 2607 | 2618 | | (A) One representative of the SELA community with experience in municipal parks, arts, or recreation programs. |
|---|
| 2608 | 2619 | | |
|---|
| 2609 | 2620 | | (B) Two representatives of SELA community artist nonprofit organizations. |
|---|
| 2610 | 2621 | | |
|---|
| 2611 | 2622 | | (C) One representative, 21 years of age or under, of SELA community youth. |
|---|
| 2612 | 2623 | | |
|---|
| 2613 | 2624 | | (D) One representative of a philanthropic nonprofit organization dedicated to promotion of the arts. |
|---|
| 2614 | 2625 | | |
|---|
| 2615 | 2626 | | (E) One representative of the Los Angeles Philharmonic Association. |
|---|
| 2616 | 2627 | | |
|---|
| 2617 | 2628 | | (F) One representative from the local tribal community. |
|---|
| 2618 | 2629 | | |
|---|
| 2619 | 2630 | | (f) It is the intent of the Legislature that the panel include persons, agencies, and organizations that may own or operate the cultural centers activities upon its completion. Nothing in this section shall create a prohibited conflict of interest that would prevent a panel member who represents a government agency or nonprofit organization or their agency or nonprofit organization from owning, operating, or participating in the operation of the cultural center. |
|---|
| 2620 | 2631 | | |
|---|
| 2621 | 2632 | | (g) Nothing in this section shall be interpreted to interfere in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancys work and legal duties to develop and construct the cultural center. |
|---|
| 2622 | 2633 | | |
|---|
| 2623 | 2634 | | (h) The state shall provide a per diem of one hundred dollars ($100) and reimbursement for necessary and actual travel expenses for attendance at panel meetings by nongovernmental panel members, in accordance with state reimbursement policies and rates. |
|---|
| 2624 | 2635 | | |
|---|
| 2625 | 2636 | | (i) The meetings of the panel shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). |
|---|
| 2626 | 2637 | | |
|---|
| 2627 | 2638 | | (j) The cultural center shall not receive ongoing commitments of state resources for operation and maintenance. |
|---|
| 2628 | 2639 | | |
|---|
| 2629 | 2640 | | 5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed. |
|---|
| 2630 | 2641 | | |
|---|
| 2631 | 2642 | | |
|---|
| 2632 | 2643 | | |
|---|
| 2633 | 2644 | | 5877. This chapter shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed. |
|---|
| 2634 | 2645 | | |
|---|
| 2635 | 2646 | | SEC. 45. Section 21080.12 is added to the Public Resources Code, to read:21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts.(b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division. |
|---|
| 2636 | 2647 | | |
|---|
| 2637 | 2648 | | SEC. 45. Section 21080.12 is added to the Public Resources Code, to read: |
|---|
| 2638 | 2649 | | |
|---|
| 2639 | 2650 | | ### SEC. 45. |
|---|
| 2640 | 2651 | | |
|---|
| 2641 | 2652 | | 21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts.(b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division. |
|---|
| 2642 | 2653 | | |
|---|
| 2643 | 2654 | | 21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts.(b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division. |
|---|
| 2644 | 2655 | | |
|---|
| 2645 | 2656 | | 21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts.(b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division. |
|---|
| 2646 | 2657 | | |
|---|
| 2647 | 2658 | | |
|---|
| 2648 | 2659 | | |
|---|
| 2649 | 2660 | | 21080.12. (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning, research, or project implementation related to land use or climate resiliency, adaptation, or mitigation if the project that is the subject of the application for financial assistance will be reviewed by another public agency pursuant to this division or by a tribe pursuant to an alternative process or program the tribe implements for evaluating environmental impacts. |
|---|
| 2650 | 2661 | | |
|---|
| 2651 | 2662 | | (b) The Legislature finds and declares that the exemption set forth in subdivision (a) is appropriate due to the unique role that the Office of Planning and Research plays in the administration of this division. |
|---|
| 2652 | 2663 | | |
|---|
| 2653 | 2664 | | SEC. 46. Section 75250.1 of the Public Resources Code is amended to read:75250.1. (a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019.1 of the Government Code.(b) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed. |
|---|
| 2654 | 2665 | | |
|---|
| 2655 | 2666 | | SEC. 46. Section 75250.1 of the Public Resources Code is amended to read: |
|---|
| 2656 | 2667 | | |
|---|
| 2657 | 2668 | | ### SEC. 46. |
|---|
| 2658 | 2669 | | |
|---|
| 2659 | 2670 | | 75250.1. (a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019.1 of the Government Code.(b) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed. |
|---|
| 2660 | 2671 | | |
|---|
| 2661 | 2672 | | 75250.1. (a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019.1 of the Government Code.(b) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed. |
|---|
| 2662 | 2673 | | |
|---|
| 2663 | 2674 | | 75250.1. (a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019.1 of the Government Code.(b) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed. |
|---|
| 2664 | 2675 | | |
|---|
| 2665 | 2676 | | |
|---|
| 2666 | 2677 | | |
|---|
| 2667 | 2678 | | 75250.1. (a) The Strategic Growth Council may authorize advance payments on a grant awarded under Section 75250 in accordance with Section 11019.1 of the Government Code. |
|---|
| 2668 | 2679 | | |
|---|
| 2669 | 2680 | | (b) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed. |
|---|
| 2670 | 2681 | | |
|---|
| 2671 | 2682 | | SEC. 47. Section 281 of the Public Utilities Code is amended to read:281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).(b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program.(B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply:(i) Mbps means megabits per second.(ii) (I) Except as provided in subclause (II), unserved area means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data.(II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, unserved area means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission.(2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following:(A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider.(B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity.(ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i).(3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption.(4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations.(5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following:(A) Providing technical assistance to local governments and providers.(B) Assisting in developing grant applications.(C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties.(6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds.(c) The commission shall establish the following accounts within the fund:(1) The Broadband Infrastructure Grant Account.(2) The Rural and Urban Regional Broadband Consortia Grant Account.(3) The Broadband Public Housing Account.(4) The Broadband Adoption Account.(5) The Federal Funding Account.(d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund.(2) All interest earned on moneys in the fund shall be deposited into the fund.(3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c).(4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year.(e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.(f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following:(1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology.(2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year.(3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7.(4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision.(5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households.(6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property.(ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000).(7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.(9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commissions internet website at least 30 days before publishing the corresponding draft resolution.(10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5):(A) Costs directly related to the deployment of infrastructure.(B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years.(C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection.(11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal.(g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.(2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following:(A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity.(B) The number of project applications assisted.(h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account.(2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account.(i) (1) For purposes of this subdivision, low-income community includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission.(2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission.(3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community.(4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities.(5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.(6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite.(j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption.(2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs.(3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant.(4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph.(5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households.(k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications.(l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information:(A) The name and contractors license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section.(B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.(C) The anticipated dates when that work will be performed.(2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commissions California Advanced Services Fund internet website.(m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved.(n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines.(2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys.(3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows:(A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county.(ii) The commission shall allocate the remaining moneys based on each urban countys proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county.(ii) The commission shall allocate the remaining moneys based on each rural countys proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state. |
|---|
| 2672 | 2683 | | |
|---|
| 2673 | 2684 | | SEC. 47. Section 281 of the Public Utilities Code is amended to read: |
|---|
| 2674 | 2685 | | |
|---|
| 2675 | 2686 | | ### SEC. 47. |
|---|
| 2676 | 2687 | | |
|---|
| 2677 | 2688 | | 281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).(b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program.(B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply:(i) Mbps means megabits per second.(ii) (I) Except as provided in subclause (II), unserved area means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data.(II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, unserved area means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission.(2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following:(A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider.(B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity.(ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i).(3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption.(4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations.(5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following:(A) Providing technical assistance to local governments and providers.(B) Assisting in developing grant applications.(C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties.(6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds.(c) The commission shall establish the following accounts within the fund:(1) The Broadband Infrastructure Grant Account.(2) The Rural and Urban Regional Broadband Consortia Grant Account.(3) The Broadband Public Housing Account.(4) The Broadband Adoption Account.(5) The Federal Funding Account.(d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund.(2) All interest earned on moneys in the fund shall be deposited into the fund.(3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c).(4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year.(e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.(f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following:(1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology.(2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year.(3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7.(4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision.(5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households.(6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property.(ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000).(7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.(9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commissions internet website at least 30 days before publishing the corresponding draft resolution.(10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5):(A) Costs directly related to the deployment of infrastructure.(B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years.(C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection.(11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal.(g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.(2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following:(A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity.(B) The number of project applications assisted.(h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account.(2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account.(i) (1) For purposes of this subdivision, low-income community includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission.(2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission.(3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community.(4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities.(5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.(6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite.(j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption.(2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs.(3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant.(4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph.(5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households.(k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications.(l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information:(A) The name and contractors license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section.(B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.(C) The anticipated dates when that work will be performed.(2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commissions California Advanced Services Fund internet website.(m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved.(n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines.(2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys.(3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows:(A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county.(ii) The commission shall allocate the remaining moneys based on each urban countys proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county.(ii) The commission shall allocate the remaining moneys based on each rural countys proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state. |
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| 2678 | 2689 | | |
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| 2679 | 2690 | | 281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).(b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program.(B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply:(i) Mbps means megabits per second.(ii) (I) Except as provided in subclause (II), unserved area means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data.(II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, unserved area means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission.(2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following:(A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider.(B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity.(ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i).(3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption.(4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations.(5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following:(A) Providing technical assistance to local governments and providers.(B) Assisting in developing grant applications.(C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties.(6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds.(c) The commission shall establish the following accounts within the fund:(1) The Broadband Infrastructure Grant Account.(2) The Rural and Urban Regional Broadband Consortia Grant Account.(3) The Broadband Public Housing Account.(4) The Broadband Adoption Account.(5) The Federal Funding Account.(d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund.(2) All interest earned on moneys in the fund shall be deposited into the fund.(3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c).(4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year.(e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.(f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following:(1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology.(2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year.(3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7.(4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision.(5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households.(6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property.(ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000).(7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.(9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commissions internet website at least 30 days before publishing the corresponding draft resolution.(10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5):(A) Costs directly related to the deployment of infrastructure.(B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years.(C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection.(11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal.(g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.(2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following:(A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity.(B) The number of project applications assisted.(h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account.(2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account.(i) (1) For purposes of this subdivision, low-income community includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission.(2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission.(3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community.(4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities.(5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.(6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite.(j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption.(2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs.(3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant.(4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph.(5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households.(k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications.(l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information:(A) The name and contractors license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section.(B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.(C) The anticipated dates when that work will be performed.(2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commissions California Advanced Services Fund internet website.(m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved.(n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines.(2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys.(3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows:(A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county.(ii) The commission shall allocate the remaining moneys based on each urban countys proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county.(ii) The commission shall allocate the remaining moneys based on each rural countys proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state. |
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| 2680 | 2691 | | |
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| 2681 | 2692 | | 281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017).(b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program.(B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply:(i) Mbps means megabits per second.(ii) (I) Except as provided in subclause (II), unserved area means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data.(II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, unserved area means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission.(2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following:(A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider.(B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity.(ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i).(3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption.(4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations.(5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following:(A) Providing technical assistance to local governments and providers.(B) Assisting in developing grant applications.(C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties.(6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds.(c) The commission shall establish the following accounts within the fund:(1) The Broadband Infrastructure Grant Account.(2) The Rural and Urban Regional Broadband Consortia Grant Account.(3) The Broadband Public Housing Account.(4) The Broadband Adoption Account.(5) The Federal Funding Account.(d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund.(2) All interest earned on moneys in the fund shall be deposited into the fund.(3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c).(4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year.(e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund.(f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following:(1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology.(2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year.(3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7.(4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision.(5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households.(6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected.(B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property.(ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000).(7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission.(8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application.(9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commissions internet website at least 30 days before publishing the corresponding draft resolution.(10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5):(A) Costs directly related to the deployment of infrastructure.(B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years.(C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection.(11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal.(g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity.(2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following:(A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity.(B) The number of project applications assisted.(h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account.(2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account.(i) (1) For purposes of this subdivision, low-income community includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission.(2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission.(3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community.(4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities.(5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source.(6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite.(j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption.(2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs.(3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant.(4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph.(5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households.(k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications.(l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information:(A) The name and contractors license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section.(B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.(C) The anticipated dates when that work will be performed.(2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commissions California Advanced Services Fund internet website.(m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved.(n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines.(2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys.(3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows:(A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county.(ii) The commission shall allocate the remaining moneys based on each urban countys proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows:(i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county.(ii) The commission shall allocate the remaining moneys based on each rural countys proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market.(4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state. |
|---|
| 2682 | 2693 | | |
|---|
| 2683 | 2694 | | |
|---|
| 2684 | 2695 | | |
|---|
| 2685 | 2696 | | 281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017). |
|---|
| 2686 | 2697 | | |
|---|
| 2687 | 2698 | | (b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program. |
|---|
| 2688 | 2699 | | |
|---|
| 2689 | 2700 | | (B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply: |
|---|
| 2690 | 2701 | | |
|---|
| 2691 | 2702 | | (i) Mbps means megabits per second. |
|---|
| 2692 | 2703 | | |
|---|
| 2693 | 2704 | | (ii) (I) Except as provided in subclause (II), unserved area means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data. |
|---|
| 2694 | 2705 | | |
|---|
| 2695 | 2706 | | (II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, unserved area means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission. |
|---|
| 2696 | 2707 | | |
|---|
| 2697 | 2708 | | (2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following: |
|---|
| 2698 | 2709 | | |
|---|
| 2699 | 2710 | | (A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider. |
|---|
| 2700 | 2711 | | |
|---|
| 2701 | 2712 | | (B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity. |
|---|
| 2702 | 2713 | | |
|---|
| 2703 | 2714 | | (ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i). |
|---|
| 2704 | 2715 | | |
|---|
| 2705 | 2716 | | (3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption. |
|---|
| 2706 | 2717 | | |
|---|
| 2707 | 2718 | | (4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations. |
|---|
| 2708 | 2719 | | |
|---|
| 2709 | 2720 | | (5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following: |
|---|
| 2710 | 2721 | | |
|---|
| 2711 | 2722 | | (A) Providing technical assistance to local governments and providers. |
|---|
| 2712 | 2723 | | |
|---|
| 2713 | 2724 | | (B) Assisting in developing grant applications. |
|---|
| 2714 | 2725 | | |
|---|
| 2715 | 2726 | | (C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties. |
|---|
| 2716 | 2727 | | |
|---|
| 2717 | 2728 | | (6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds. |
|---|
| 2718 | 2729 | | |
|---|
| 2719 | 2730 | | (c) The commission shall establish the following accounts within the fund: |
|---|
| 2720 | 2731 | | |
|---|
| 2721 | 2732 | | (1) The Broadband Infrastructure Grant Account. |
|---|
| 2722 | 2733 | | |
|---|
| 2723 | 2734 | | (2) The Rural and Urban Regional Broadband Consortia Grant Account. |
|---|
| 2724 | 2735 | | |
|---|
| 2725 | 2736 | | (3) The Broadband Public Housing Account. |
|---|
| 2726 | 2737 | | |
|---|
| 2727 | 2738 | | (4) The Broadband Adoption Account. |
|---|
| 2728 | 2739 | | |
|---|
| 2729 | 2740 | | (5) The Federal Funding Account. |
|---|
| 2730 | 2741 | | |
|---|
| 2731 | 2742 | | (d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund. |
|---|
| 2732 | 2743 | | |
|---|
| 2733 | 2744 | | (2) All interest earned on moneys in the fund shall be deposited into the fund. |
|---|
| 2734 | 2745 | | |
|---|
| 2735 | 2746 | | (3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c). |
|---|
| 2736 | 2747 | | |
|---|
| 2737 | 2748 | | (4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year. |
|---|
| 2738 | 2749 | | |
|---|
| 2739 | 2750 | | (e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. |
|---|
| 2740 | 2751 | | |
|---|
| 2741 | 2752 | | (f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following: |
|---|
| 2742 | 2753 | | |
|---|
| 2743 | 2754 | | (1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology. |
|---|
| 2744 | 2755 | | |
|---|
| 2745 | 2756 | | (2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year. |
|---|
| 2746 | 2757 | | |
|---|
| 2747 | 2758 | | (3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7. |
|---|
| 2748 | 2759 | | |
|---|
| 2749 | 2760 | | (4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision. |
|---|
| 2750 | 2761 | | |
|---|
| 2751 | 2762 | | (5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households. |
|---|
| 2752 | 2763 | | |
|---|
| 2753 | 2764 | | (6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected. |
|---|
| 2754 | 2765 | | |
|---|
| 2755 | 2766 | | (B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property. |
|---|
| 2756 | 2767 | | |
|---|
| 2757 | 2768 | | (ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000). |
|---|
| 2758 | 2769 | | |
|---|
| 2759 | 2770 | | (7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. |
|---|
| 2760 | 2771 | | |
|---|
| 2761 | 2772 | | (8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. |
|---|
| 2762 | 2773 | | |
|---|
| 2763 | 2774 | | (9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commissions internet website at least 30 days before publishing the corresponding draft resolution. |
|---|
| 2764 | 2775 | | |
|---|
| 2765 | 2776 | | (10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5): |
|---|
| 2766 | 2777 | | |
|---|
| 2767 | 2778 | | (A) Costs directly related to the deployment of infrastructure. |
|---|
| 2768 | 2779 | | |
|---|
| 2769 | 2780 | | (B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years. |
|---|
| 2770 | 2781 | | |
|---|
| 2771 | 2782 | | (C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection. |
|---|
| 2772 | 2783 | | |
|---|
| 2773 | 2784 | | (11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal. |
|---|
| 2774 | 2785 | | |
|---|
| 2775 | 2786 | | (g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity. |
|---|
| 2776 | 2787 | | |
|---|
| 2777 | 2788 | | (2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following: |
|---|
| 2778 | 2789 | | |
|---|
| 2779 | 2790 | | (A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity. |
|---|
| 2780 | 2791 | | |
|---|
| 2781 | 2792 | | (B) The number of project applications assisted. |
|---|
| 2782 | 2793 | | |
|---|
| 2783 | 2794 | | (h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account. |
|---|
| 2784 | 2795 | | |
|---|
| 2785 | 2796 | | (2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account. |
|---|
| 2786 | 2797 | | |
|---|
| 2787 | 2798 | | (i) (1) For purposes of this subdivision, low-income community includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission. |
|---|
| 2788 | 2799 | | |
|---|
| 2789 | 2800 | | (2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission. |
|---|
| 2790 | 2801 | | |
|---|
| 2791 | 2802 | | (3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community. |
|---|
| 2792 | 2803 | | |
|---|
| 2793 | 2804 | | (4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities. |
|---|
| 2794 | 2805 | | |
|---|
| 2795 | 2806 | | (5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source. |
|---|
| 2796 | 2807 | | |
|---|
| 2797 | 2808 | | (6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite. |
|---|
| 2798 | 2809 | | |
|---|
| 2799 | 2810 | | (j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. |
|---|
| 2800 | 2811 | | |
|---|
| 2801 | 2812 | | (2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs. |
|---|
| 2802 | 2813 | | |
|---|
| 2803 | 2814 | | (3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant. |
|---|
| 2804 | 2815 | | |
|---|
| 2805 | 2816 | | (4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph. |
|---|
| 2806 | 2817 | | |
|---|
| 2807 | 2818 | | (5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households. |
|---|
| 2808 | 2819 | | |
|---|
| 2809 | 2820 | | (k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications. |
|---|
| 2810 | 2821 | | |
|---|
| 2811 | 2822 | | (l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information: |
|---|
| 2812 | 2823 | | |
|---|
| 2813 | 2824 | | (A) The name and contractors license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section. |
|---|
| 2814 | 2825 | | |
|---|
| 2815 | 2826 | | (B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work. |
|---|
| 2816 | 2827 | | |
|---|
| 2817 | 2828 | | (C) The anticipated dates when that work will be performed. |
|---|
| 2818 | 2829 | | |
|---|
| 2819 | 2830 | | (2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commissions California Advanced Services Fund internet website. |
|---|
| 2820 | 2831 | | |
|---|
| 2821 | 2832 | | (m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved. |
|---|
| 2822 | 2833 | | |
|---|
| 2823 | 2834 | | (n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines. |
|---|
| 2824 | 2835 | | |
|---|
| 2825 | 2836 | | (2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys. |
|---|
| 2826 | 2837 | | |
|---|
| 2827 | 2838 | | (3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows: |
|---|
| 2828 | 2839 | | |
|---|
| 2829 | 2840 | | (A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows: |
|---|
| 2830 | 2841 | | |
|---|
| 2831 | 2842 | | (i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county. |
|---|
| 2832 | 2843 | | |
|---|
| 2833 | 2844 | | (ii) The commission shall allocate the remaining moneys based on each urban countys proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market. |
|---|
| 2834 | 2845 | | |
|---|
| 2835 | 2846 | | (B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows: |
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| 2836 | 2847 | | |
|---|
| 2837 | 2848 | | (i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county. |
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| 2838 | 2849 | | |
|---|
| 2839 | 2850 | | (ii) The commission shall allocate the remaining moneys based on each rural countys proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market. |
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| 2840 | 2851 | | |
|---|
| 2841 | 2852 | | (4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state. |
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| 2842 | 2853 | | |
|---|
| 2843 | 2854 | | SEC. 48. The Legislature finds and declares that, with regard to Section 37 of this act adding and repealing Section 14669.23 of the Government Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to provide supplemental emergency housing resources for individuals experiencing homelessness in the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles. |
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| 2844 | 2855 | | |
|---|
| 2845 | 2856 | | SEC. 48. The Legislature finds and declares that, with regard to Section 37 of this act adding and repealing Section 14669.23 of the Government Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to provide supplemental emergency housing resources for individuals experiencing homelessness in the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles. |
|---|
| 2846 | 2857 | | |
|---|
| 2847 | 2858 | | SEC. 48. The Legislature finds and declares that, with regard to Section 37 of this act adding and repealing Section 14669.23 of the Government Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to provide supplemental emergency housing resources for individuals experiencing homelessness in the County of Sacramento, the City of San Jose, the County of San Diego, and the City of Los Angeles. |
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| 2848 | 2859 | | |
|---|
| 2849 | 2860 | | ### SEC. 48. |
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| 2850 | 2861 | | |
|---|
| 2851 | 2862 | | SEC. 49. The Legislature finds and declares that, with regard to Section 44 of this act adding and repealing Chapter 14 (commencing with Section 5875) of Division 5 of the Public Resources Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique cultural relevancy of the southeast Los Angeles region. |
|---|
| 2852 | 2863 | | |
|---|
| 2853 | 2864 | | SEC. 49. The Legislature finds and declares that, with regard to Section 44 of this act adding and repealing Chapter 14 (commencing with Section 5875) of Division 5 of the Public Resources Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique cultural relevancy of the southeast Los Angeles region. |
|---|
| 2854 | 2865 | | |
|---|
| 2855 | 2866 | | SEC. 49. The Legislature finds and declares that, with regard to Section 44 of this act adding and repealing Chapter 14 (commencing with Section 5875) of Division 5 of the Public Resources Code, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique cultural relevancy of the southeast Los Angeles region. |
|---|
| 2856 | 2867 | | |
|---|
| 2857 | 2868 | | ### SEC. 49. |
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| 2858 | 2869 | | |
|---|
| 2859 | 2870 | | SEC. 50. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 2860 | 2871 | | |
|---|
| 2861 | 2872 | | SEC. 50. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 2862 | 2873 | | |
|---|
| 2863 | 2874 | | SEC. 50. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 2864 | 2875 | | |
|---|
| 2865 | 2876 | | ### SEC. 50. |
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| 2866 | 2877 | | |
|---|
| 2867 | 2878 | | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
|---|
| 2868 | 2879 | | |
|---|
| 2869 | 2880 | | SEC. 51. 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. |
|---|
| 2870 | 2881 | | |
|---|
| 2871 | 2882 | | SEC. 51. 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. |
|---|
| 2872 | 2883 | | |
|---|
| 2873 | 2884 | | SEC. 51. 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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| 2874 | 2885 | | |
|---|
| 2875 | 2886 | | ### SEC. 51. |
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